,OCAL  GOVERNMENT 


IN 


KANSAS 


JS 

451 
K34 
C3 
1889 


BUTLER  &  Co. 

PHI^AOELPHIA. 


LOCAL  GOVERNMENT 


IN 


KANSAS./ 


JAMES  H.  CANFIELD. 


"  Of  all  systems  of  government  *  *  *  it  may  be  asserted  without 
fear  of  contradiction,  that  the  most  difficult  to  establish  and  render 
effective,  *  *  *  the  one  which  evidently  requires  the  greatest  maturity 
of  reason,  of  morality,  of  civilization  in  the  society  to  which  it  is  ap- 
plied, *  *  *  is  the  federative  system  of  the  United  States  of 
America." — GUIZOT. 


REVISED  EDITION. 

OH 

PHILADELPHIA 

E.  H.  BUTLER  &  Co. 


COPYRIGHT  BY  JAMES  H.  CANFIELD,  1889. 


PREFATORY  NOTE. 


THIS  little  volume  endeavors  to  secure  practical  results 
with  the  utmost  simplicity  and  directness  of  statement.  To 
be  successfully  used,  it  must  be  regarded  as  one  of  those 
"thin"  books  which  are  necessarily  supplemented  by  earn- 
est and  competent  instruction.  It  is  a  book  of  texts — as 
every  true  text-book  should  be. 

Such  matters  as  are  peculiarly  liable  to  change  have  been 
avoided,  or  touched  as  lightly  as  possible ;  the  intention 
being  to  sketch  the  groundwork  only — that  which  may  be 
regarded  as  reasonably  permanent. 

In  order  to  prevent  possible  confusion  by  reason  of  too 
many  details,  and  to  place  the  remuneration  for  public 
service  where  it  belongs — subordinate  to  the  service  itself — 
no  definite  salaries  have  been  stated. 

As  far  as  it  has  seemed  desirable,  the  language  of  the 
statutes  has  been  used. 

As  the  purpose  of  the  work  is  simply  to  report  the  pres- 
ent facts  qf  local  government,  there  is  very  little  criticism  ; 
very  few  words  as  to  what  such  government  ought  to  be. 
Such  criticism  and  discussion  might  be  very  properly  con- 
sidered out  of  place  in  the  common  schools  of  the  State. 

Suggestions  that  look  to  improvements  or  corrections  in 
future  editions  will  be  welcomed.  The  appreciation  of  those 
received  during  the  past  four  years  is  shown  by  their  appear- 
ance in  this  revision. 

As  there  was  but  one  motive  in  undertaking  the  task  of 
preparing  this  manual,  so  there  should  be  but  one  in  using 
it — an  earnest  desire  to  advance  good  citizenship  in  thia 
imperial  Commonwealth.  J.  H.  C. 

LAWRENCE,  May,  1889. 
2 


INTRODUCTION. 


THERE  are  two  great  principles  which  may  be  called  the  cor- 
ner-stones on  which  our  Government — National,  State,  and  local 
—rests.  These  are — 

1.  The  active  and  intelligent  participation  of  each  citizen  in 
political  affairs : 

2.  Office  is  a  trust,  and  public  officers  are  the  servants  of  the 
people;  responsible  to  the  people  for  the  proper  discharge  of 
every  duty. 

With  regard  to  the  first,  some  one  has  well  said  that  the  pub- 
lic business  of  America  is  the  private  business  of  every  citizen. 
This  fact  should  never  be  forgotten.  We  acknowledge  no  king, 
we  have  no  governing  class.  All  power  is  with  the  people. 
Those  who  neglect  to  exercise  this  power  really  have  no  share 
in  the  Government.  They  are  disfranchised  by  their  own  act. 
Those  who  do  not  exercise  this  power  intelligently  soon  come 
under  the  control  of  the  cunning  and  the  crafty.  In  either  case 
there  is  only  a  pretence  of  self-government,  and  there  is  ever- 
increasing  danger  that  even  the  pretence  may  come  to  an  end. 

The  second  principle,  expressed  in  the  plainest  terms,  would 
be :  every  public  officer,  from  President  down,  is  simply  a  "  hired 
man."  His  first  and  best  efforts  are  due  to  those  who  hire  him. 
No  business  of  his  own  may  interfere  with  his  work  for  his 
employers.  This  is  measurably  true  of  a  legislator  also.  In 
certain  general  questions  he  may  act  according  to  his  best 
judgment)  but  always  following  the  wishes  of  his  constituents 
as  far  as  he  understands  them.  On  specific  issues  he  must  do 
their  bidding  exactly,  or  give  place  to  some  one  who  will  do  so. 
To  determine  whether  an  official,  or  a  legislator,  is  a  worthy  serv- 
ant, one  to  be  hired  again,  the  people  must  know  what  to  ex- 
pect  of  him,  must  understand  his  duties,  and  must  be  able  to 
decide  how  he  has  discharged  them.  Here  is  another  demand 
for  popular  intelligence  in  public  affairs 

3 


Introduction. 


The  great  mass  of  our  voters  are  plain,  hard-working  men. 
Most  of  them  toil  daily  with  their  hands  for  bread.  All  the 
machinery  of  state,  therefore,  should  be  as  simple  as  possible, 
that  public  affairs  may  be  easily  understood  by  all  citizens.  If 
any  action  on  the  part  of  .the  Government  is  so  complicated  that 
very  few  people  can  comprehend  it,  there  is  great  danger  that 
some  one  is  making  use  of  our  ignorance  to  his  own  advantage. 
This  is  not  necessarily  true  in  every  case,  but  is  so  often  true 
that  we  cannot  afford  to  take  any  chances.  But  no  Govern- 
ment can  be  carried  on  intelligently,  if  it  must  be  kept  within 
the  comprehension  of  ignorant  people.  It  is  therefore  the  duty 
of  every  citizen  to  seek  all  possible  information  on  public  ques- 
tions, that  the  line  of  government  may  rise.  This  is  why  we 
have  public  schools,  and  why  instruction  is  given  in  United 
States  History  and  in  the  Constitution  of  the  United  States. 
But  we  have  thus  far  forgotten  that  local  government  is  just  as 
important  as  national  government;  that  it  touches  our  daily 
lives  and  our  personal  affairs  even  more  closely  than  the  latter 
does ;  and  that  only  when  our  local  business  is  well  cared  for, 
can  we  hope  to  have  a  wise  administration  of  the  affairs  of  the 
nation.  Moreover,  if  we  understand  our  local  affairs,  we  much 
more  easily  comprehend  what  is  going  on  in  the  nation.  To 
extend  this  knowledge  of  home  government  is  the  purpose  of 
this  little  book. 

Our  experiment  in  free  government  depends  for  its  success  on 
our  being  an  enlightened,  unselfish,  far-sighted  people.  Just  as 
these  foundation  qualities  are  either  weak  or  wanting,  the  build- 
ing is  unstable,  and  disaster  is  more  or  less  imminent.  If  we 
ever  reach  a  time  when  ignorant, selfish,  and  present-policy  men 
are  permanently  in  the  majority,  the  building  will  fall. 

If  this  nation  is  to  stand  for  all  time,  growing  purer  and 
stronger  and  more  worthy  of  the  admiration  of  the  whole  civil- 
ized world,  it  must  become  and  remain,  in  the  very  broadest  and 
best  sense  of  the  words,  "  A  government  of  the  people,  by  the 
people,  and  for  the  people." 


LOCAL  GOVERNMENT  IN  KANSAS. 


THE  SCHOOL  DISTRICT. 

1.  Prelude. — The  State  establishes  free  schools  for 
the  sake  of  securing  good  citizens.     No  one  can  be  a 
good  citizen  unless  he  has  a  fair  understanding,  at  least, 
of  the  workings  of  his  own  government — the  machinery 
of  public  affairs.     Only  as  this  runs  smoothly,  continu- 
ously, and  with  the  least  possible  friction,  is  it  of  much 
real  value  to  those  in  whose  daily  lives  it  necessarily 
plays  such  an  important  part.     In  a  free  government  like 
our  own,  offices  are  filled — sometimes,  it  must  be  confessed, 
in  a  rather  hap-hazard  way — by  persons  chosen  from  the 
people  and  by  the  people.     Hence,  it  is  peculiarly  nec- 
essary that  every  one,  whether  he  serves  or  determines 
who  shall  serve,  shall  possess  a  fair  degree  of  knowledge 
of  the  duties  and  responsibilities  of  the  positions  which 
he  may  be  asked  to  fill,  or  in  which  he  places  his  neigh 
bors  and  friends.     Without  such  knowledge,  the  civil 
service  would  soon  become  both  inefficient  and  corrupt. 
In  securing  this  necessary  information,  it  is  best  to  begin 
at  home ;  with  that  in  which  we  are  naturally  most  in- 
terested.    This  will  be  the  School  District. 

2.  The  School  District. — One  of  the  smallest  civil 
divisions  which  the  State  recognizes  is  the  School  Dis- 


Local  Government  in  Kansas. 


trict.  This  is  created  by  an  officer  known  as  the  County 
Superintendent  of  Public  Instruction.*  He  has  authority 
to  divide  the  county  into  a  convenient  number  of  School 
Districts,  and  to  make  any  changes  in  the  boundaries  of 
these  that  the  interests  of  the  inhabitants  may  require. 
But  there  must  never  be  less  than  fifteen  persons  of 
school  age,  i.  e.,  over  five  and  under  twenty-one  years,  in 
each  District  when  created  or  changed  ;  nor  can  a  District 
be  so  changed  as  to  make  the  amount  of  its  bonds,  if 
any  have  been  issued,  exceed  five  per  cent,  of  the  valua- 
tion of  all  property  on  the  tax-rolls.  The  Superintend- 
ent must  give  due  public  notice  of  his  intention  to  either 
create  or  change  a  District ;  and  any  one  who  is  not  sat- 
isfied with  this  action  may  state  the  facts  to  the  Board 
of  County  Commissioners,*  and  ask  them  to  interfere. 

3.  Organization. — The  District  is  said  to  be  organ- 
ized when  its  first  officers  have  been  elected  and  have 
qualified ;  which  means,  have  done  all  that  the  law  re- 
quires them  to  do  before  entering  upon  the  actual  dis- 
charge of  the  duties  of  their  offices.       When  duly  or- 
ganized, the  District  has  a  legal  name :    School  District 
No.  —  (such  a  number  as  may  be  given  it  by  the  County 

Superintendent), County,  State  of  Kansas.     By 

this  name  it  is  known  in  the  courts,  if  it  is  ever  sued  or 
ever  brings  a  suit ;  and  this  is  the  name  which  appears 
in  all  contracts  or  bonds,  and  in  all  deeds  of  real  estate. 

4.  Annual  Meetings. — The  regular  annual   meeting 
of  each  District  is  held  at  the  school-house,  on  the  last 
Thursday   in    July,    at   two   o'clock    in    the   afternoon. 
At  this  meeting,  each  male  to  whom  the  State  Consti- 

*  See  chapter  on  the  County  and  County  Officers. 


The  School  Dwtiict. 


tution  gives  the  right  to  vote,*  and  each  female  over  the 
age  of  twenty-one,  and  not  disqualified, f  is  entitled  to 
vote.  The  general  business  of  the  meeting  is  to  elect  a 
Director,  Clerk,  or  Treasurer ;  to  vote  the  annual  tax 
with  which  to  meet  current  expenses ;  to  determine  the 
length  of  time  the  school  shall  be  taught,  which  shall 
not  be  less  than  three  months;  and  whether  a  male  or 
female  teacher  shall  be  employed.:}: 

5.  Officers  and  their  Duties. — The  officers  have  been 
already  named.  One  only  is  elected  each  year,  and 
holds  office  for  three  years.  Each  takes  the  usual  oath 
of  office ;  §  and  the  Treasurer  must  give  a  bond  in  double 
the  amount  of  the  funds  which  will  probably"  come  into 
his  hands. 

*  He  must  be  at  least  twenty-one  years  of  age  ;  a  citizen  of  the 
United  States,  or,  if  foreign  born,  must  have  at  least  declared  his  inten- 
tion to  become  a  citizen  ;  and  must  have  resided  in  Kansas  six  months, 
and  in  the  township  (or  district)  at  least  thirty  days,  next  preceding  the 
election. 

f  The  same  limitations  as  are  placed  on  males ;  chiefly,  when  under 
guardianship,  of  unsound  mind,  if  ever  convicted  of  felony,  or  guilty  of 
taking  a  bribe,  qr  of  fighting  a  duel. 

|  Of  course,  all  that  may  be  done  at  such  a  meeting  is  not  given. 
That  would  be  as  impossible  as  to  give  all  the  powers  and  duties  of  a 
public  officer.  The  compiled  laws  of  the  State  will  always  furnish  ex- 
plicit details  ;  but  one  of  the  best  ways  of  getting  information  is  by  per- 
sonal observation  and  inquiry.  Scholars  should  be  encouraged  to  at- 
tend the  annual  meeting,  and  note  carefully  all  that  is  done  there.  A 
report  should  then  be  made  to  the  school,  and  some  time  given  to  in- 
quiry and  discussion.  Public  officers  might  be  questioned  as  to  their 
duties  and  methods,  and  the  results  detailed  to  the  school.  Public 
affairs  should  be  studied  just  as  men  study  any  trade  or  calling;  not 
theoretically,  but  practically. 

$  I  do  solemnly  swear  that  I  will  support  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  Kansas,  and  faith- 
fully discharge  the  duties  of  the  office  of .  So  help  me,  God. 


8  Local  Government  in  Kansas. 

(».  The  three  officers  constitute  the  District  Board; 
and  to  this  is  given  general  charge  of  all  District  affairs. 
It  levies  the  annual  tax ;  has  the  care  and  keeping  of 
the  school-house,  and  of  all  other  property  belonging  to 
the  District;  hires  the  teachers ;  decides  what  text-books 
shall  be  used ;  can  suspend  any  pupil  guilty  of  immoral- 
ity, or  of  persistent  violations  of  any  of  the  regulations 
of  the  school ;  and  must  visit  the  school  at  least  once 
each  term. 

7.  Besides  these  general  duties,  each  member  of  the 
Board  has  special  work  to  do.     The  Director  presides  at 
all  District  meetings ;  must  sign  all  orders  drawn  by  the 
Clerk,  or  they  are  not  valid ;  and  appears  for  the  District 
in  all  cases  in  court,  unless  the  voters  otherwise  direct. 
The    Treasurer   receives   all   school    moneys    from   the 
County  Treasurer,  as  all   taxes  are  collected  through 
the  latter,  and  pays  these  out  on  order  of  the  Clerk  and 
Director;  keeping  such  accounts  of  these  transactions 
as  will  enable  him  to  present  a  detailed  report  at  each 
annual  meeting.     The  Clerk  keeps  a  record  of  all  the 
school  matters  in  the  District.     He  draws  all  orders  for 
payments  of  salaries  and  current  expenses ;  makes  a  de- 
tailed report  at  each  annual  meeting,  covering  all  the 
statistics  of  the  school  year;*  makes  all  the  necessary 
reports  to  the  County  Superintendent;  and  acts  as  the 
Secretary   of    the   District   Board   and   of  all   District 
meetings. 

8.  General  Provisions. — Sometimes  it  becomes  nee 
essary  to  form  a  District  lying  partly  in  two  or  more 
counties.     This  is  called  a  Joint  District.     Sometimes 

*  Such  as  number  of  children  of  school  age ;  number  in  attendance ; 
length  of  the  school ;  receipts  and  disbursements,  etc. 


The  School  District. 


two  or  more  Districts  unite  for  the  purpose  of  securing 
a  graded  school  for  instruction  in  the  higher  branches. 
This  is  known  as  a  Union  District.  In  each  of  these 
Districts  the  government  is  substantially  the  same  as 
that  of  an  ordinary  District. 

,9.  Every  child  between  the  ages  of  eight  nnd  fourteen 
is  required  by  law  to  be  in  some  school,  public  or  pri- 
vate, for  not  less  than  twelve  weeks  in  each  year,  unless 
excused  by  the  District  Board  for  good  cause  :,hown.  It 
is  the  duty  of  the  Director  to  enforce  this  Compulsory 
Law,  and  to  see  that  all  violations  of  it  are  punished. 

10.  Any  School  District  in  the  State  may,  at  its  an- 
nual meeting,  vote  a  small  tax*  for  the  purpose  of  secur- 
ing a  .school  library.     By  virtue  of  his  office,  the  Clerk 
is  Librarian,  unless  the  Board  appoints  some  one  else. 

11.  Any  District  may,  at  its  annual  meeting,  vote  on 
the  question  of  uniformity  of  text-books  in  the  common 
schools  of  the  county.     If  the  majority  of  the  School 
Districts  in  any  county  vote  for  county  uniformity,  then 
the  County  Superintendent  calls  for  the  election  of  one 
delegate  from  each  township,  which  delegates  constitute 
the  County  Text-book  Board.     It  is  their  duty  to  select 
and  prescribe  the  text-books  to  be  used  in  the  schools 
of  the  county.    When  this  selection  has  once  been  made, 
the  list  cannot  be  changed  for  five  years.f 

*  Not  more  than  $40,  if  the  taxable  property  in  the  District  does  not 
exceed  $20,000 ;  $20,000-$30,000.  not  more  than  $45  ;  $30,000-$50,000, 
not  more  than  $50;  $50,000  and  upwards,  not  more  than  one-half  mill 
on  the  dollar. 

f  School  bonds,  for  the  purpose  of  erecting  or  purchasing  the  school 
buildings  necessary  for  a  District  may  be  issued  by  the  District  Board 
as  follows :  The  district  must  have  been  organized  at  least  one  year ; 


10  Local  Government  in  Kansas. 

12.  Conclusion. — It  will  be  readily  seen  that  the 
government  of  the  School  District  is  very  simple.  If 
thoughtful,  experienced,  energetic  men  are  placed  in 
office,  it  is  not  at  all  difficult  to  have  good  schools.  The 
services  of  the  District  Board  must  be  rendered  gratui- 
tously ;  yet  this  is  no  more  than  men  should  gladly  un- 
dertake as  their  share  of  the  public  burden.  It  is  pecu- 
liarly necessary  that  the  members  of  the  Board  be  men 
who  take  a  deep  and  intelligent  interest  in  school  affairs. 
Above  all,  they  should  be  men  who  have  no  unworthy 
personal  ambitions  to  gratify,  no  prejudices,  and  no  pels. 
In  their  election,  party  lines  should  be  entirely  forgot- 
ten ;  the  aim  of  all  good  citizens  being  to  secure  the  very 
best  man  for  each  place. 


THE  TOWNSHIP. 

13.  Prelude. — As  soon  as  it  was  determined  to  open 
for  settlement  the  territory  which  is  now  Kansas,  the 
United  States  Government,  by  its  survey,*  divided  the 
land  into  squares  of  six  miles  on  each  side,  which  were 

there  must  be  at  least  fifteen  persons  between  the  ages  of  five  and 
twenty-one  years  actually  residing  in  the  District ;  at  least  one-third 
of  the  qualified  electors  of  the  District  must  petition  the  Board  for  a 
special  election  on  the  question  of  issuing  the  bonds;  the  majority  of 
qualified  electors  (including  women)  must  at  this  election  vote  in  favor 
of  issuing  the  bonds  ;  each  bond  must  be  for  not  less  than  one  hundred 
nor  more  than  five  hundred  dollars,  must  be  signed  by  the  director  and 
countersigned  by  the  clerk,  must  be  registered  with  the  county  clerk, 
and  must  not  be  sold  at  or  below  par  until  offered  to  the  commissioners 
of  the  State  permanent  school  fund  or  to  the  loan  commissioner  of  the 
State  Agricultural  College. 
*  For  further  details,  see  chapter  on  Land  Surveys. 


The  Township.  1 1 

subdivided  into  thirty-six  tracts,  each  containing  one 
square  mile.  These  latter  were  called  sections,  and  each 
larger  square — thirty-six  square  miles — was  called  a 
township.  These  divisions  were  made  for  the  purpose 
of  giving  definite  boundaries  to  the  lands  when  sold. 

14.  The  settlers  found  this  method  of  division  ver> 
accurate  and  very  convenient,  and  have  generally  retained 
it  in  civil  affairs.     A  township,  therefore,  is  usually  a 
square  of  land,  six  miles  on  each  side. 

15.  In  New  England,  the  organization  of  each  town 
ship  is  so  complete,  and  its  local  government  is  so  inde- 
pendent, that  it  has  been  said  that  if  the  National  and 
State  governments  were  destroyed,  and  all  their  officers 
removed,  all  local  affairs  would  go  on  much  as  usual,  and 
the  people  would  scarcely  experience  a  loss.     In    the 
Southern  States  the   county   system  prevails;  and  the 
township,  as  a  unit  of  government,  is  scarcely  known. 
The  Western  States  have  very  generally  adopted  what 
is  known  as  the  compromise  system,  in  which  the  town- 
ships are  granted  very  many  rights  and  privileges,  but 
are,  in  a  measure,  subordinate  to  the  county.     In  this 
State,  nearly  all  local  government  is  entrusted  to  cities, 
townships  (under  the  compromise  plan),  and  school  dis- 
tricts. 

Id.  Organization. — Each  county,  when  organized,  is 
divided  by  the  County  Commissioners  into  suitable  and 
convenient  townships ;  and  the  Commissioners  have 
power  to  organize  new  townships,  on  proper  petition 
from  the  citizens  of  such  townships,  and  after  due  notice 
of  their  proposed  action.  Each  township  thus  organized 


12  Local  Government  in  Kansas. 

• _^ 

becomes  a  body  corporate,*  or  legal  person;  and,  as  such, 
may  appear  under  its  own  proper  name  in  suits  to  which 
it  is  a  party,  and  may  make  all  contracts  that  are  necessary 
and  convenient  for  the  exercise  of  its  corporate  powers. 
17.  Elections. — The  annual  township  election  is  held 
on  the  first  Tuesday  after  the  first  Monday  in  November, 
in  each  year.  Unless  divided  by  law,  each  township 
constitutes  an  election  district,  with  one  polling- pi  ace,  or 
place  where  votes  may  be  cast.  The  township  Trustee 
and  two  justices  of  the  peace  are  judges  of  the  election, 
and  have  general  charge  of  the  proceedings;  though,  it' 
they  are  absent  at  eight  o'clock,  the  citizens  present  may 
choose  judges  from  their  own  number.  Two  clerks  may 
be  appointed  by  the  judges  to  assist  in  receiving  the 
votes  and  in  making  the  returns ;  that  is,  in  certifying  as 
to  the  number  of  votes  cast,  and  for  whom  they  were 
cast.  On  the  morning  of  election  day,  the  Trustee  car- 
ries the  ballot-box  and  a  copy  of  the  Compiled  Laws  to 
the  polling-place.  At  eight  o'clock  the  polls  are  declared  to 
be  open ;  that  is,  the  judges  will  then  begin  to  receive  votes. 
Every  male  person  possessing  the  qualifications  prescribed 
by  the  State  Constitution  is  entitled  to  vote.  No  person  ex- 
cept those  about  to  vote  can  occupy  the  space  within  fifty 
feet  of  the  polls  during  the  hours  that  the  polls  are  open. 
Each  elector,  as  a  voter  is  sometimes  called,  hands  one  of 
the  judges  of  election,  in  full  view,  a  single  ballot,  or  piece 
of  paper,  on  which  are  written  or  printed  the  names  of  the 
persons  voted  for,  and  the  proper  designation  of  the  offices 
they  are  intended  to  fill.  The  judge,  receiving  the  ballot, 
calls  the  name  of  the  voter;  and,  if  no  objection  is  made, 

*  Counties,  townships,  cities,  villages,  districts,  are  called  public,  or 
municipal,  corporations. 


The  Township.  13 


puts  the  ballot  at  once,  without  looking  at  the  names  on 
it,  into  the  ballot-box.  An  objection  to  a  vote  is  called 
a  challenge ;  and  when  this  occurs,  the  voter  must  sat- 
isfy the  judges  of  election,  in  manner  prescribed  by  the 
statute,  that  he  is  entitled  to  vote.  As  the  ballot  is 
deposited,  one  of  the  clerks  of  the  election  writes  the 
voter's  name  in  what  is  called  a  poll-book.  At  six  o'clock 
the  polls  are  declared  to  be  closed,  and  after  that  there 
can  be  no  voting.  The  total  number  of  votes  cast  is 
certified  under  the  last  name  on  the  poll-books,  and  the 
books  are  signed  by  the  judges  and  clerks.  The  ballot- 
box  is  then  opened,  and  one  judge  takes  out  the  ballots, 
one  by  one,  and  reads  aloud  the  names  and  offices  printed 
on  each.  As  each  is  read,  it  is  delivered  to  the  second 
judge,  who  examines  it  and  passes  it  to  the  third  judge, 
who  strings  it  on  a  stout  thread  to  preserve  it.  As  the 
names  and  offices  are  read,  the  clerks  make  the  necessary 
entries  on  blanks  prepared  for  that  purpose.  If  there 
seems  to  be  proof  of  fraud  in  the  casting  of  any  bal- 
lots, the  judges  may  reject  them.  No  ballot  having  a 
designated  heading  (as  "  Republican  Ticket")  may  have 
printed  or  pasted  thereon  any  other  names  than  those 
found  on  a  regular  ballot  having  the  same  heading ;  and 
the  judges  of  election  cannot  count  such  a  ballot  if  depos- 
ited. After  the  votes  are  canvassed,  i.  e.,  all  read  and 
entered  in  the  manner  just  stated,  one  poll-book  and  the 
votes  are  sealed  up  and  sent  to  the  County  Clerk;  fraudu- 
lent and  defective  ballots  also  sent  in  a  separate  package.* 

*  As  this  is  the  way  in  which  ah  general  elections  are  conducted,  it 
is  thought  best  to  give  details  at  this  point.  An  election  held  in  the 
Bchool-room,  with  the  scholars  as  voters,  following  carefully  these  de- 
tails, will  be  of  great  assistance  in  fixing  the  genera]  methods  in  th« 
memory. 


14  Local  Government  in  Kansas. 

18.  Officers. — At  each  annual  election  the  following 
township  officers  are  chosen  :  a  Trustee,  a  Clerk,  a  Treas- 
urer, a  Road  Overseer  for  each  Road  District  in  the  town- 
ship, and  as  many  Constables  as  there  are  Justices  of  the 
Peace.   At  each  alternate  annual  election  there  are  chosen, 
in  addition  to  the  officers  already  named,  the  Justices  of 
the  Peace  to  which  the  township  is  entitled — not  less  than 
two.     These  Justices  hold  office  for  two  years ;  all  other 
township  officers  for  one  year.    All  officers  take  the  usual 
oath  of  office  before  entering  upon  their  duties;  and  the 
Treasurer,  the  Road  Overseers,  the  Justices,   and  the 
Constables  give  bonds. 

19.  The  Trustee  is  a  sort  of  general  superintendent 
of  township  affairs.      He  determines  the  number  and 
extent  of  the  Road   Districts,  looks  after  the  general 
pecuniary  concerns  of  the  township,  is  judge  of  elections, 
has  charge  of  the  poor,  contracts  for  the  building  of 
bridges,  is  the  township  assessor  for  the  purposes  of  tax- 
ation, and,  with  the  consent  of  the  County  Commissioners, 
levies  the  tax  for  township,  road,  and  other  purposes.* 
For  his  service  as  assessor,  but  for  none  other  except  as 
hereinafter  specified,  the  law  entitles  him  to  receive  pay. 

20.  The  Clerk  has  charge  of  all  records,  books,  and 
papers  of  the  township,  where  no  other  provision  is  made 
by  law.     All  these  books  and  records,  as  well  as  those 
in  the  custody  of  any  other  public  officer,  are  always  open 
to  public  inspection. 

21.  The  Treasurer  receives  and  pays  out  the  moneys 
that   may  lawfully  pass  through  his  hands,   under  the 
general  supervision  of  the  Trustee  and  on  order  from  him; 

*  Such  as,  for  payment  of  interest  or  principal  of  township  bonds. 


The  Township.  15 


keeping  true  account  of  all  this  in  books  provided  for 
the  purpose. 

22.  These  three  officers  constitute  the  Board  of  Com- 
missioners of  Highways  and  the  And! tiny  Board  for  each 
township.     The  Trustee  is  chairman  of  this  Board,  and 
the  Clerk  is  secretary.     It  meets  on  the  second  Saturday 
after  the  township  election,  and  on  the  last  Monday  of 
April,  July,  October,  and  January  in  each  year.     It  has 
general  supervision  of  all  roads  and  bridges  in  the  town- 
ship ;  and,  to  make  this  work  more  efficient,  it  is  author- 
ized to  employ  a  general  Superintendent.     The  statute 
expressly  enjoins  the  making  of  permanent  roads*  where- 
ever  this  is  practicable ;  which  is  a  long  step  in  advance 
in  this  matter. 

23.  The  accounts  of  all  township  officers  must  be  pre- 
sented to  the  Auditing  Board  for  inspection  and  approval. 
These  officers,  when  serving  on  this  Board,  are  entitled 
to  pay. 

24.  The  same  officers  are  the  Fence-  Viewers  in  the 
township;    that  is,  they  determine  whether  the  fences 
answer  the  requirements  of  the  law.     For  each  day  they 
are  engnged  in  this  work  they  are  entitled  to  pay. 

25.  The  Road  Overseer  must  inspect  all  bridges  in  his 
district  and  see  that  they  are  safe  for  travel,  or  are  closed ; 
he  must  carry  out  proper  measures  to  prevent  the  spread 
of  prairie  fires ;  and  he  has  general  supervision  of  opening 
and  keeping  in  good  order  all  roads  f  under  his  care.   He 


*  That  is,  made  with  gravel,  or  macadamized,  and  well  drained,  etc. 

f  Public  highways,  established  under  the  statute.  These  are  secured 
by  petition  to  the  County  Commissioners,  are  generally  located  on  sec- 
tion lines,  and  are  not  more  than  eighty  nor  less  than  forty  feet  wide, 
except  in  certain  emergencies.  The  County  Commissioners  have  power 


16  Local  Government  in  Kansas. 

receives  pay  for  his  services,  but  not  for  more  than  fifteer 
days'  work  in  each  year. 

2ft.  Constables  are  the  messengers  of  the  Justices  of  the 
Peace.  They  serve  all  papers  issued  by  the  court,  have 
general  police  power  in  the  preservation  of  order,  can  act 
anywhere  within  the  county  in  which  they  are  elected, 
and  can  at  any  time  call  on  citizens  for  help  in  enforcing 
the  law.  Their  fees  are  determined  by  law,  and  vary  in 
accordance  with  the  service  rendered. 

27.  Justices  of  the  Pvace  are,  as  the  name  implies, 
peace  officers  and  judges  in  minor  matters,  both  civil 
and  criminal.  To  give  them  the  right  to  act,  the  case 
must  arise  in  the  county  in  which  they  are  elected.  In 
trials  for  the  recovery  of  money,  they  cannot  act  if  the 
amount  sought  exceeds  three  hundred  dollars.  When 
suit  is  brought  for  trespass,  the  damage  claimed  must 
not  exceed  one  hundred  dollars.  They  cannot  act  at  all 
in  a  case  where  the  title  qf  land  comes  in  question.  They 
may  try  any  person  for  a  misdemeanor  (i.  e.,  an  offence 
not  punishable  by  death  or  by  confinement  and  hard 
labor  in  the  penitentiary)  in  all  cases  in  which  the  fine 
cannot  exceed  five  hundred  dollars  and  the  imprisonment 
cannot  exceed  one  year,  They  may  perform  the  marriage 
ceremony.  They  keep  a  detailed  record  of  all  their  pro- 
ceedings in  a  book  called  a  docket.  For  all  services  they 
are  paid  certain  fees,  determined  by  law. 

In  all  civil  cases  tried  in  a  Justice's  court,  either  party 

to  improve  roads  whenever  a  majority  of  the  landowners  residing  within 
half  a  mile  on  either  side  of  the  road,  and  between  the  terminal  points 
mentioned  in  the  petition,  request  such  improvement.  The  expense  JE 
assessed  on  the  tracts  of  land  benefited. 


The  Township.  17 


may  demand  a  jury.     This  is  composed  of  six  men,  un 
less  the  parties  agree  on  a  smaller  number.* 

28.  Conclusion. — The  duties  of  township  officers  are 
not  very  burdensome;  but  they  call  for  integrity,  tact, 
and  shrewd  common  sense.     It  is  not  easy  to  understand 
why  partisanship  should  have  any  weight  whatever  in 
the  choice  of  these  public  servants.    The  best  conduct  of 
public  affairs  is  all  that  is  sought,  and  good  citizens  should 
be  content  with  nothing  short  of  this. 

29.  It  is  not  difficult  to  see  that  with  the  district  and 
township  governments  alone,  very  much  could  be  ac- 
complished.    With  good    schools,  gopd   roads,  efficient 
peace  officers,  and  courts  in  which  could  be  tried  by  far 
the  greater  number  of  disputes  and  misunderstandings, 
the  community  could  thrive  and  dwell  in  almost  un- 
broken peace.     Within  these  limits  men  feel  the  direct 
results  of  the  machinery  of  government  which  they  set 
in  motion.     Beyond  these,  the  impression  is  but  slight; 
decreasing   in   intensity   through    the   county   and   the 
State. f  and  for  the  great  mass  of  men  almost  entirely 
dying  out  before  the  General  Government  is  reached. 

*  See  chapter  on  Judiciary. 

f  A  striking  illustration  of  this  is  to  be  found  in  a  comparison  of 
officials,  as  follows: 

Officers  in  School  Districts  number  about 27,000 

Townships  number  .about       .......     11,000 

Counties  number  about 1,400 

Cities,  excluding  Councilmen,  about    ....          900 
State,  including  Supreme  Court  and  District 

Judges,  but  excluding  Legislature,  about      .  65 

Again,  the  tax  levied  for  the  payment  of  all  the  expenses  of  the 
State  government,  including  the  support  of  all  State  institutions,  is 
only  about  one-eighth  of  the  entire  amount  of  taxes  levied  and  col- 
lected in  Kansas  each  year. 
2 


18  Local  Government  in  Kansas. 

3O.  To  these  home  matters,  therefore,  should  be  given 
most  careful  thought,  and  most  prompt,  efficient,  and  in- 
dependent action. 


THE   COUNTY. 

« 

31.  Prelude. — The   first   Territorial   Legislature,  in 

1855,  established  twenty  counties;  that  is,  defined  their 
boundaries.  To  these,  twelve  more  were  added  before 
the  admission  of  the  Territory  as  a  State.  Others  have 
been  established  at  different  sessions  of  the  State  Legis- 
lature;* and  some  old  counties  have  been  divided,  the 
early  name  has  been  dropped,  and  new  names  have  been 
given  to  the  reorganized  portions.  By  a  special  statute, 
boundaries  may  be  changed  by  a  majority  vote  of  the 
electors  of  the  counties  interested ;  but  no  county  shall 
have  an  area  of  less  than  four  hundred  and  thirty-tvro 
square  miles. 

32.  Organization. — Whenever  four  hundred  house- 
holders, who  are  legal  electors  of  the  State  and  who 
reside  in  an  unorganized  county,  shall  petition  the  Gov- 
ernor, showing  that  there  are  at  least  twenty-five  hundred 
inhabitants  in  the  county,  and  asking  that  the  county  be 
organized,  the  Governor  must  appoint  some  competent  cit- 


*  The  number  in  1889  was  one  hundred  and  five,  excluding  Wallace 
county. 


The  County.  19 

izen  of  the  county  to  take  a  census  of  the  inhabitants  and 
to  ascertain  the  amount  of  taxable  property.  If  there  are 
found  to  be  at  least  twenty-five  hundred  inhabitants,  of 
whom  four  hundred  are  householders,  and  $150,000  in 
taxable  property,  of  which  at  least  $75,000  is  real  estate, 
the  Governor  appoints  three  citizens  of  the  county  to  act 
as  County  Commissioners,  and  one  to  act  as  County 
Clerk.  After  these  officers  have  qualified,  the  county  is 
said  to  be  duly  organized.  Under  the  direction  of  these 
Commissioners  the  county  is  divided  into  townships,  and 
the  first  election  called  and  held. 

33.  The  county-town,  or  county -seat — i.  e.,  the  place 
where  county  offices  are  located — is  determined  by  a  vote 
of  the  electors  of  the  county.     As  in   the  case  of  the 
school  district  mid  of  the  township,  each  county  is  a  body 
corporate  and  politic;  that  is,  is  a  legal  person ;  and  as  such 
can  sue  and  be  sued,  make  contracts,  and  hold  real  estate. 

34.  Election*. — County  elections   occur  on  the  first 
Tuesday  after  the  first  Monday  in  November  of  each 
year ;  but  not  for  ihe  same  officers  each  time.     On  each 
"even"  year  we  vote  for  membors  of  the  Legislature  (or 
Representatives),  a  Probate  Judge,  a  Clerk  of  the  District 
Court,  a  Superintendent  of  Public  Instruction,  one  Com- 
missioner, and  a  County  Attorney.     Once  in  four  years, 
ou  what  is  called  the  presidential  year,  we  add  to  these 
a  State  Senator.     On  the  "odd"  years  there  are  elected 
one  Commissioner,  a  Sheriff,  a  County  Clerk,  a  Treasurer, 
a  Register  of  Deeds,  a  Surveyor,  and  a  Coroner.     These 
elections  are  announced,  or  "  proclaimed,"  by  the  Sheriff 
at  least  ten  days  before  they  occur.     The  voting  is  done 
in  election  districts,  which  are  townships  unless  other- 
wise determined  by  law,  and  in  city  wards.     All  county 
officers  enter  upon  the  discharge  of  their  duties  on  the 


20  Local  Government  in  Kansas. 

second  Monday  of  January  next  after  election,  ex- 
cept the  Treasurer,  whose  term  begins  on  the  second 
Tuesday  of  October  next  after  his  election;  and  all 
give  bonds.  Senators  and  Representatives  never  give 
bonds. 

35.  Officers. — The  County  Commissioners  stand  in 
much  the  same  relation  to  the  county  that  the  Director 
does  to  the  school  district,  or  the  Trustee  to  the  town- 
ship. They  are  the  representatives  of  the  county,  the 
general  agents  of  the  county,  the  county  executive. 
All  county  property  is  in  their  care ;  they  examine  and 
settle  all  accounts  of  the  receipts  and  expenditures  of  the 
county;  they  apportion  and  order  the  levy  of  taxes; 
they  lay  out,  alter,  or  discontinue  roads;*  they  set  off 
and  organize  townships,  and  change  their  boundaries; 
they  canvass  the  votes  for  the  respective  township  offi- 
cers, and  announce  the  results  of  such  elections;  they 
canvass  the  votes  for  State,  county,  and  district  officers, 
for  members  of  the  State  Legislature,  for  members  of 
Congress,  and  for  Presidential  electors,  and  determine 
the  results ;  and  they  have  powers  necessary  to  meet  the 
requirements  of  county  business  in  all  ca^es  where  no 
other  provision  is  made  by  law.  Their  term  of  office  is 
for  three  years,  and  is  so  arranged  that  one  Commis- 
sioner is  elected  each  year.  This  always  leaves  two  of 
the  Board — a  majority — who  have  some  acquaintance, 
with  county  business ;  a  very  wise  provision.  Their 
compensation  is  by  the  day,  for  actual  service  required 
and  rendered;  the  total  number  of  days  being  limited 
by  statute  in  proportion  to  the  population  of  the  county; 

*  See  note,  page  15. 


The  Comity.  21 

this  being  thought  the  most  practicable  way  of  estimat- 
ing the  probable  business  of  the  county. 

3tt.  The  County  Clerk  is  the  Secretary  of  the  Board 
of  County  Commissioners,  and  keeps  all  their  records 
and  papers,  and  the  seal  of  the  county.  He  also  keeps 
a  full  set  of  accounts  of  the  receipts  and  expenditures  of 
the  county,  and  of  the  business  of  his  county  with  all 
county,  township,  district,  and  other  officers.  These  are 
especially  designed  as  a  check  on  the  Treasurer's  ac- 
counts, and  as  a  test  of  their  accuracy.  This  includes, 
of  course,  the  complete  tax-rolls,  and  all  the  proceedings 
connected  with  the  levy  and  collection  of  taxes.  He 
'makes  a  complete  and  detailed  report  to  the  State  Audi- 
tor, every  year,  of  the  financial  condition  of  the  county. 
In  return  for  his  services  he  receives  a  salary,  varying 
according  to  the  population  of  the  county. 

37*  The  County  Treasurer  simply  watches  the  money 
of  the  county.  Everything  due  the  county  is  paid  to 
him,  and  all  expenditures  pass  through  his  hand.  He 
is  the  collector  gf  all  taxes;  and  therefore  must  open 
accounts  with  all  cities,  townships,  and  school  districts 
in  his  county.  He  makes  full  reports  to  and  settle- 
ments with  the  County  Commissioners  once  in  each 
year;  and  once  each  quarter  the  Probate  Judge  and 
two  citizens  appointed  by  the  Commissioners,  enter  the 
office,  without  previous  notice,  and  examine  the  books 
and  count  the  funds  in  the  Treasurer's  hands. 

38.  The  Register  of  Deeds  has  care  of  the  various 
records  affecting  title  to  land.  All  deeds,  mortgages, 
maps  of  towns  or  villages,  and  other  writings  which, 
under  the  law,  may  become  a  charge  on  any  land,  or 
may  assist  in  determining  the  ownership  of  land,  are 


22  Local  Government  in  Kansas. 


copied  by  the  Register  in  books  prepared  for  that  pur- 
pose and  kept  in  his  office.  These  are  always  open  to 
public  inspection,  and  are  carefully  and  conveniently 
indexed. 

3i).  The  Sheriff"  is  the  general  messenger  of  the  Dis- 
trict Court,  attending  all  its  sittings ; .  and  is  the  coun- 
ty representative  of  the  executive  branch  of  govern- 
ment. He  appoints  an  under-sheriff,  or  general  deputy, 
and  such  deputies  as  he  may  think  necessary — being 
himself  responsible  for  the  acts  of  these  subordinate  offi- 
cers. He  has  charge  of  the  county  jail,  and  of  all  the 
prisoners  kept  there.  It  is  his  duty  to  do  all  in  his 
power  to  preserve  the  peace,  to  suppress  all  unlawful 
assemblages,  and  to  make  all  necessary  arrests.  Should 
he  need  assistance  at  any  time,  he  is  authorized  to  call 
to  his  aid  such  persons  in  the  county  as  he  may  think 
necessary.  This  is  known  as  "summoning  a  posse."  He 
gives  public  notice  of  all  elections,  attends  the  drawing 
of  jurors  and  summons  them  when  drawn,  and  in  all 
ways  furthers  the  execution  of  all  laws. 

40.  It  is  the  duty  of  the  Coroner   to    examine    all 
the  circumstances   connected   with   death   by  unlawful 
means,  or  where  the  cause  of  the  death  is  unknown. 
This  is  called  "  holding  an  inquest;"  and  in  the  per- 
formance of  this  duty  the  Coroner  is  assisted  by  six  ju- 
rymen, summoned    by  himself.     If  the  jury  find  that 
a  crime  has  been  committed,  the  Coroner  may  issue  a 
warrant  for  the  arrest  of  the  person  charged ;  but  the 
trial  of  such  person  is  conducted  in  the  usual  courts,  and 
in  the  usual  manner. 

41.  The  County  Attorney  appears  in  all  the  courts  of 
his '/-aunty,  and  prosecutes  or  defends  on  the  part  of  the 


The  County.  23 

people  all  suits  in  which  the  State  or  the  county  has  an 
interest.  He  is  the  legal  adviser  of  the  Board  of  Com- 
missioners ;  and  it  is  his  duty  to  personally  inspect  the 
jail  and  its  management  during  each  term  of  court. 

4<?.  The  Co'.tnty  Surveyor  is  entrusted  with  the  lines  or 
boundaries  of  the  various  divisions  of  the  county.  He 
subdivides  the  sections  established  by  the  United  States 
Surveyors ;  re-establishes  missing  corners  or  landmarks ; 
surveys  the  lines  of  all  public  roads;  and  disputes  or 
misunderstandings  as  to  the  boundaries  of  adjoining 
lands  are  generally  referred  to  him  for  settlement. 

43.  Each  county  having  more  than  twenty-five  thou- 
sand inhabitants  is  entitled  to  an  officer  known  as  the 
County  Auditor,  who  is  appointed  by  the  District  Court 
of  such  county.      It  is  his  duty  to  examine  all  claims 
presented  against  the  county  and  to  decide  as  to  their 
validity  ;     to   inspect    the  accounts   of    the   Treasurer 
every  two  months;    and    to  examine   the   reports   and 
books  of  the  Sheriff  and  of  the  Clerk  of  the  District 
Court  concerning  fees  and  other  moneys  collected  by 
them.     He   must   publish   each    month,  in   the   official 
paper  of  the   county,  a  complete  statement  of  all  the 
claims  which  he  has  allowed.* 

44.  The  Commissioners  in  each  county  constitute  the 
County  Board  of  Health.     They  elect  some  •  reputable 
physician  as  County  Health  Officer.     The  county  officers 
and  the  State  Board  of  Health  act  together ;  the  former 
having  the   same   general   powers   in   their   respective 
counties  that  the  latter  has  in  the  State.f 

*  For  duties  of  the  Clerk  of  the  District  Court,  see  under  tho  Ju- 
diciary. 
f  For  duties  of  State  Board  of  Health,  see  under  State  Officers. 


24  Local  Government  in  Kansas. 

45.  The  County  Superintendent  of  Public  Instruction 
has  general  charge  of  the  educational  interests  of  the 
county.     He  divides  the  county  into  School  Districts, 
visits  the  schools,  suggests  to  either  teachers  or  School 
Boards  needed   improvements,  examines   accounts  and 
records  connected  with  school  work,  encourages  the  for- 
mation of  Teachers'  Associations,  supervises  the  summer 
Normal  Institutes,*  prepares  certain  educational  statis- 
tics and  reports  these  to  the  State  Superintendent  of 
Public   Instruction,  and   decides  most   of  the  disputes 
arising  within  Districts. 

Much  depends  on  his  character,  education,  patience, 
firmness,  and  industry.  The  greatest  care  should  be  used 
in  selecting  this  very  important  public  officer,  ajid  he 
should  be  retained  in  office  as  long  as  he  gives  satisfaction, 
or  until  the  people  are  sure  of  getting  a  better  servant. 

46.  The  County  Superintendent  is  assisted  in  the  dis- 
charge of  one  portion  of  his  duty  by  two  Examiners, 
who  are  appointed  by  the  County  Commissioners,  and, 
with  the  Superintendent,  form  the  County  Board  of  Ex- 
aminers.    These  persons  must  hold  first  grade  or  State 
certificates,  or  be  regular  graduates  of  one  of  the  State 
institutions  of  higher  learning. 

47.  Notaries  Public  are  appointed  by  the  Governor, 
in  each  county.     The  statute  places  no  limit  on  their 
number.     Each  gives  an  official  bond,  which  is  deposited 
with  the  clerk  of  the  District  Court;    and  each  must 
have  an  official  seal.     They  have  authority  to  administer 
oaths,  to  take  acknowledgment  of  deeds  and  of  other 
papers  affecting  the  title  to  lands,  to  protest  promissory 

*  See  under  Higher  Education. 


The  County.  25 

notes  for  want  of  payment,  to  take  depositions  of  wit- 
nesses,  and  to  exercise  other  powers  granted  by  commer- 
cial usage. 

48.  The  State  has  been  divided  by  the  Legislature  into 
/Senatorial  and  Representative  Districts.     From  the  first 
are  chosen  the  members  of  the  Upper  House,  and  from 
the  last  those  of  the  Lower  House.     The  Constitution 
provides  that  there  shall  not  be  more  than  forty  Sena- 
tors, nor  more  than  one  hundred  and  twenty-five  Repre- 
sentatives.  Members  of  the  Legislature  must  be  qualified 
voters  of  the  District  for  which  they  are  elected,  and 
must  reside  in  that  District.     No  member  of  Congress 
nor'  officer  of  the  United  States,  and  no  one  convicted 
of  misuse  of  public  funds,  can  have  a  seat  in  the  Legis 
lature.     The  powers  and  duties  of  Senators  and  Repro 
sentatives  will  be  given  under  the  legislative  branch  oi 
the  State  government. 

49.  Conclusion. — Reviewing    the    county    officers,  H 
will  be  readily  seen  that  ability  and  integrity — efficiency 
— are  the  chief  requisites.     The  offices  are  peculiarly 
positions  of  trust  and  practical  service  in  behalf  of  the 
entire  people.     Upright,  energetic,  business  men  to  do 
the  business  of  the  people  in  an  upright  and  energetic 
way — that  is  what  is  wanted.     Mere  party  prejudices 
should  have  no  weight  whatever ;  it  should  be,  as  in  the 
district  or  in  the  township,  simply  an  effort  to  secure 
the  best  man.     The  only  legitimate  exception  to  this 
may  be  made  in  the  choice  of  the  members  of  the  Legis- 
lature.   Since  with  these  lies  the  choice  of  United  States 
Senators,  and  the  latter  are  closely  connected  with  na- 
tional affairs,  there  may  'be  some  ground  for  party  alle- 
giance in  any  measure  which  affects  their  election. 


26  Local  Government  in  Kansas. 


CITIES. 

50.  Prelude. — Whenever,    for    any   reason,    a   large 
number  of  people  reside  within  a  comparatively  limited 
area,  there  is  need  of  government  differing  somewhat 
from  that  of  a  rural  district.    For  instance,  where  build- 
ings stand  close  together  there  is  more  danger  from  fire, 
and  hence  there  must  be  greater  protection  against  it ; 
the  various  kinds  of  waste  or  refuse  from  a  large  popu- 
lation soon  contaminate  the  soil  and  the  natural  water- 
courses, and  pure  water  must  be  brought  into  the  city ; 
where  there  are  so  many  people,  every  man  does  not 
know  his  neighbor  and  that  neighbor's  business,  which, 
fact  presents  constant  opportunities  for  crime,  and  corn- 
pels  the  organization  of  a   police  force ;    the  constant 
passing  to  and  fro  of  a  large  population  demands  good 
sidewalks.     All  these,  and  many  others,  are  necessarily 
expensive,  and  require  supervision  and  care;  and  for  this 
certain   officers   and   general   rules   must  be   provided. 
These  constitute  city  governments,  which  will  not  be 
difficult  of  explanation,  now  that  the  simpler  forms  of 
local  government  have  been  thoroughly  mastered. 

51.  Classification. — Whenever  it  is  duly  ascertained, 
by  any  lawful  census  or  enumeration,  that  any  city  has. 
a  population  of  over  fifteen  thousand  inhabitants,  the 
fact  is  certified  by  the  Mayor  and  Council  to  the  Gov- 
ernor, who  thereupon,  by  public  proclamation,  declares 
that  to  be  a  city  of  the  first  class.     If  the  city  has  more 
than    two   thousand   inhabitants,  and  less  than  fifteen 
thousand,  it  is  proclaimed  a  city  of  the  second  class.    Any 
town  or  village  having  not  more  than  two  thousand  in- 
habitants, nor  less  than  two  hundred  and  fifty,  on  due 


Cities.  27 

application  to  the  Commissioners  of  the  County  in  which  it 
is  located  may  be  declared  a  city  of  the  third  class.  In  1889 
Kansas  had  six  cities  of  the  first  class,  forty-six  cities  of 
the  second  class,  and  seven  cities  which  would  be  in  the 
second  class  if  they  should  apply  for  such  recognition. 

52.  Wards. — Cities  of  the  first  class  shall  have  not 
less  than  four  nor   more   than  six  wards.      These  are 
geographical  divisions  of  the  city,  each  being  entitled  to 
representation  in  the  City  Council.     No  sufficient  reason 
can  be  given  for  these  artificial  political  districts.     A 
city  is  simply  a  corporation  created  by  statute  to  trans- 
act certain  business  in  a  certain  and  specified  way ;  and 
this  business  is  very  generally  of  such  a  nature  as  to  give 
little  or  no  place  for  politics.     The  ward  system  tends 
constantly  to  plunge  everything  into  politics. 

Cities  of  the  second  class,  having  more  than  four  thou- 
sand population,  shall  have  not  less  than  four  wards. 

53.  Registration. — To   prevent  persons  voting  more 
than  once  ("  repeating  ")  at  the  same  election,  every  citizen 
in  cities  of  the  first  and  second  class  is  required  to  give  to 
the  City  Clerk  prior  to  the  ten  days  preceding  any  election, 
a  statement  of  his  name,  age,  occupation,  and  place  of  resi- 
dence.    This  registration  must  be  attended  to  every  year, 
or  the  citizen  loses  his  vote.    Copies  of  the  Clerk's  lists  are 
sent  to  the  polls,  and  no  one  can  vote  whose  name  cannot  be 
found  on  the  list  for  the  ward  in  which  he  offers  his  vote. 

In  each  city  where  more  than  six  thousand  votes  are 
cast  at  any  general  election,  registration  and  elections 
are  in  charge  of  a  Commissioner  of  Elections,  appointed  by 
the  Governor.  If  the  metropolitan  police  law  is  in  force 
in  that  city,  the  Board  of  Police  Commissioners  acts  in 
connection  with  the  Commissioner  of  Elections. 


28  Local  Government  in  Kansas. 

54.  Elections. — Elections  are  held  on  the  first  Tues- 
day in  April.  In  cities  of  the  first  class,  the  Mayor  and 
the  Police  Judge  are  elected  on  the  "odd"  years,  by  vote 
of  all  citizens.  Each  ward  is  entitled  to  two  Council- 
men,  one  of  whom,  together  with  a  member  of  the  Board 
of  Education,  is  elected  annually.  In  cities  of  the  sec- 
ond class,  the  officers  elected  on  the  "  odd  "  years  are 
the  Mayor,  Police  Judge,  Treasurer,  Treasurer  of  Board 
of  Education,  and  Justices  of  the  Peace.*  One  Council- 
man in  each  ward,  and  members  of  the  Board  of  Edu- 
cation, are  elected  annually.  In  cities  of  the  third  class, 
the  Mayor,  Police  Judge,  and  Councilrnen  are  elected  an- 
nually. Officers  not  elected  by  the  people  are  appointed 
by  the  Mayor  and  Council. 

In  ail  elections  for  city  or  school  officers,  or  for  the  pur- 
pose of  authorizing  the  issue  of  school  bonds,  women  vote 
under  the  same  restrictions  and  qualifications  as  men,  and 
are  elegible  to  any  city  or  school  office. 

5.5.  Government. — The  government  of  a  city  is  in  the 
hands  of  a  Mayor  and  Common  Council,  whose  legisla- 
tive acts  are  called  Ordinances. 

56.  Officers. — The  Mayor  corresponds  to  the  Township 
Trustee,  and  is  the  general  executive  of  the  city ;  being 
active  and  vigilant  in  enforcing  all  the  laws  (ordinances) 
of  the  city.  He  has  some  special  powers ;  such  as  that 
of  a  veto  on  all  ordinances  passed  by  the  Council  (which 
may  be  passed  over  the  veto  by  a  three-fourths  vote), 
the  power  to  appoint  special  policemen,  to  call  out  the 
citizens  or  militia  within  the  city  to  aid  in  enforcing  the 
ordinances  or  to  suppress  a  riot,  and  to  grant  reprieves 
or  pardons  for  all  offences  arising  under  the  city  laws — 

*  As  in  townships. 


Cities.  29 

but  in  this  last  he  must  have  the  consent  of  the  Coun- 
cil. In  some  of  these  special  powers  the  Mayor's  po- 
sition is  something  like  that  of  the  Governor. 

57.  The  Police  Jud/je  answers  to  the  township  Justice 
of  the  Peace,  and  has  exclusive  right  to  hear  and  deter- 
mine all  cases  which  arise  under  the  city  ordinances.  In 
his  court  may  be  tried  most  of  the  misdemeanors  (or 
minor  criminal  offences)  under  the  State  laws.  The 
Marshal  and  the  police  are  his  constables ;  the  former 
having  many  duties  like  those  of  a  sheriff.* 

58,  The  Clerk,  Treasurer,  Assessor,^  and  Attorney  per- 
form the  customary  duties  attaching  to  these  offices. 

59.  The  Weigh-Master  inspects  and  weighs  all  hay, 
grain,  and  coal,  and  measures  all  wood,  when  these  are 
offered  for  public  sale ;  and  the  Council  may  prescribe 
rules  for  the  weighing  and  measuring  every  commodity 
sold  in  the  city;  but  this  is  rarely  done. 

GO.  The  Market-Master  has  charge  of  all  markets, 
market-places,  and  meat-shops,  and  can  inspect  and  reg- 
ula^e  the  sale  of  all  meats,  vegetables,  etc.,  sold  there  ;  but 
this  officer  is  almost  unknown  in  Kansas. 

*  Unless  such  action  appears  to  the  Governor  clearly  unnecessary, 
he  must  appoint  in  every  city  of  the  first  class  a  Board  of  Police  Com- 
missioners, three  in  number,  who  shall  have  entire  control  of  the  police 
force  and  of  police  regulations  in  that  city. 

If  fifty  householders  of  a  city  of  the  second  class  so  petition,  or  if 
the  Governor  so  directs,  the  Attorney-General  has  authority  to  com- 
mence proceedings  which  will  put  ell  the  city  officials  out  of  office,  and 
the  Governor  then  appoints  a  Board  of  Police  Commissioners,  as  above, 
with  the  same  general  powers. 

When  the  Governor  thinks  there  is  no  further  need  of  this  kind  of 
government,  a  new  city  election  is  called  by  the  Governor,  and  the 
Police  Board  is  discontinued. 

f  See  under  Taxation. 


30  Local  Government  in  Kansas. 

61.  On  petition,  the  Mayor  and  Council  of  any  city, 
or  the  Trustee  of  any  township,  may  appoint  an  Inspec- 
tor of  Oih,  who  examines  all  coal,  petroleum,  or  mineral 
oils  offered  for  sale,  and  determines  their  safety.     If  the 
oil  ignites  at  a  temperature  lower  than  one  hundred  and 
ten  degrees,  the  cask  or  barrel  is  branded  "  condemned," 
and  it  is  an  offence  against  the  statute  to  sell  such  oil. 
Otherwise,  the  oil  is  branded  "  approved,"  and  can  then 
be  sold.     Where  an  Inspector  has  been  appointed,  no  oil 
can  be  lawfully  sold  till  he  has  inspected  and  approved  it. 

62.  In  the  Street  Commissioner  we  find  the  Road  Over- 
seer, and  in  the  City  Engineer  the  official  Surveyor. 

63.  Schools. — For  educational    purposes   the   city  is 
treated  as  one  School  District,  under  the  general  man- 
agement of  a  Board  of  Education.     In  cities  of  the  first 
class,  this  consists  of  three  members  from  each  ward — 
if  the  city  has  no  more  than  four  wards  ;  but  if  more  than, 
four  wards,  then  two  from   each  ward — one  of  whom, 
in  each  ward,  is  elected  by  the  citizens  at  large,  annu- 
ally.    In  cities  of  the  second  class,  there  are  two  mem- 
bers from  each  ward,  one  of  whom  is  chosen  annually; 
but  if  the  city  has  more  than  ten  thousand  inhabitants, 
then  the  Board  consists  of  six  citizens,  two  of  whom  are 
chosen  each  year  by  the  citizens  at  large.     The  Board 
may,  for  the  sake  of  convenience,  divide  the  city  into  dis- 
tricts ;  and  this  is  generally  done,  taking  the  ward  lines 
as  district  boundaries.     Usually,  each  ward  school  has 
its  own  Principal;  while  over  all   the  Board  places  a 
City  Superintendent.     County  Superintendents  have  no 
jurisdiction  within  cities  of  the  first  or  second  class. 
For  school  purposes,  cities  of  the  third  class  are  under 
the  same  laws  as  those  which  control  a  country  district 


Cities.  31 

In  cities  of  the  first  class  the  schools  cannot  be  kept 
open  for  more  than  nine  months  in  each  year,  the  tax 
for  the  support  of  the  schools  cannot  exceed  ten  mills 
on  the  dollar  when  the  assessed  valuation  is  less  than 
three  millions  of  dollars,  and  cannot  exceed  seven  mills 
on  the  dollar  when  the  valuation  is  more  than  three 
millions. 

64.  Conclusion. — The  real  diftererfces  between  the  gov- 
ernments of  cities  of  the  several  classes  are  very  slight. 
Cities  of  the  third  class  have  fewer  officers,  and  can  be 
managed  at  much  less  expense.  Character  and  com- 
petency are  almost  the  only  qualities  demanded  in  can- 
didates for  city  offices.  In  many  Kansas  towns  party 
lines  have  been  almost  forgotten,  and  mere  partisanship 
stands  a  poor  chance  of  success.  As  cities  increase  in 
population,  party  lines  become  more  manifest,  largely 
because  city  majorities  can  be  made  to  control  the  result 
of  rural  elections ;  but  it  is  the  part  of  true  wisdom  to 
repress  this  tendency  as  long  as  possible. 

Git.  There  is  a  common  saying  that  in  the  United 
States,  every  city  with  a  population  of  more  than  ten 
thousand  is  governed  by  the  worst  class  of  its  citizens. 
This  is  not  quite  true,  but  indicates  the  popular  feeling 
that  there  is  great  danger  of  its  becoming  true.  The 
intense  business  and  professional  activity  in  cities,  and 
the  many  social  attractions  and  opportunities  for  amuse- 
ment, tend  to  make  more  thoughtful  and  responsible 
citizens,  those  called  "  the  better  classes,"  neglect  their 
political  duties.  Thus,  place  and  power  are  secured  by 
those  who  are  unworthy.  There  is  no  alternative.  Either 
a  city  will  be  governed  by  the  respectable  portion  of  its 
people,  to  the  exclusion  of  the  mob  of  idle  and  vicious 


32  Local  Government  in  Kansas. 

persons  and  those  who  live  by  their  wits — all  of  whom 
drift  into  cities,  because  there  they  can  be  comparatively 
lost  in  the  crowd ;  or  the  city  and  the  respectable  portion 
of  the  community  will  be  governed  by  this  mob.  No- 
where more  than  in  these  large  centers  of  population  is 
there  needed  constant  care  and  watchfulness  on  the  part 
of  every  good  citizen. 


THE    STATE. 

6H.  Organization. — The  people  of  the  Territory  of 
Kansas  having  duly  formed  and  ratified  a  Constitution 
(that  of  Wyandotte)  and  State  Government, — republican 
in  form, — and  having  asked  admission  to  the  Union, 
Congress,  by  an  act  of  admission,  declared  Knnsas  one 
of  the  United  States.  This  act,  approved  January  29, 
1861,  defined  the  boundaries  of  the  State;  declared  it 
entitled  to  one  Representative  until  the  next  general 
apportionment  of  Representatives;  gave  to  the  State,  for 
school  purposes,  sections  sixteen  and  thirty-six  in  each 
township  of  public  land ;  granted  seventy-two  sections 
of  land  for  the  support  of  a  State  University ;  gave  ten 
sections  of  land  for  public  buildings ;  pledged  the  State 
five  per  cent,  of  all  sales  of  public  land  in  Kansas ;  and 
created  the  State  a  Judicial  District  of  the  United  States. 

67-  Elections. — The  election  of  State  officers  is  held 
at  the  time  and  place  of  voting  for  members  of  the  State 
Legislature,  and  under  the  same  regulations.  Indeed, 
the  names  generally  appear  on  the  same  ticket  with  the 


State  Officers.  33 


names  of  candidates  for  county  offices.  The  vote  for 
State  officers,  however,  is  sent  by  the  Clerks  of  the  Can- 
vassing Boards  of  the  several  counties  to  the  Secretary 
of  State.  The  latter,  the  Lieutenant-Governor,  and  the 
Attorney -General  constitute  the  Board  of  State  Canvass- 
ers, with  the  same  general  powers  and  duties  as  those 
of  county  boards. 

68.  Officers. — The  executive  department  consists  of  a 
Governor,  Lieutenant-Governor,  Secretary  of  State,  Audi- 
tor, Treasurer,  Attorney-General,  and  Superintendent  of 
Public  Instruction.     All  these  are  elected  by  the  people, 
and  each  holds  his  office  for  two  years. 

69.  The  Governor  is  the  supreme  executive  of  the  State, 
and  its  general  representative  in  business  affairs.     He 
may  call  an  extra  session  of  the  Legislature,  and  may 
adjourn  the  Legislature  if  the  two  houses  cannot  agree 
as  to  the  time  for  adjournment.    In  a  message  sent  to  the 
Legislature  at  the  opening  of  each  session,  he  reports  the 
condition  of  the  State  and  of  its  institutions,  and  recom- 
mends appropriate  legislation.     He  transacts  nearly  all 
the  business  of  the  State  with  the  National  Government. 
He  has  power  to  pardon  those  under  sentence  of  law; 
and  a  sentence  of  death  cannot  be  carried  out  unless  he 
issues  a  warrant  to  that  effect.*     The  Great  Seal  of  the 
State  is  kept  in  the  Governor's  office.     The  Governor  is 
also  Commander-in-chief  of  the  militia,  f 

70.  The  Lieutenant-  Governor  is,  by  virtue  of  his  office, 
President  of  the  Senate.     In  case  of  the  disability  of  the 

*  Governors  in  this  State  have  so  very  generally  refrained  from  issuing 
such  warrants,  that  there  is  practically  no  death  penalty  in  Kansas, 
f  See  Constitutional  Provisions. 
3 


34  Local  Government  in  Kansas. 

Governor,  for  any  reason,  the  duties  and  responsibilities 
of  his  office  devolve  on  the  Lieutenant-Governor. 

71.  The  Secretary  of  State  has  charge  of  all  books, 
maps,  records,  official  bonds,  and  other  valuable  State 
papers.     In  his  office  are  kept  all  the  enrolled  bills  and 
resolutions  of  each  Legislature ;  and  he  has  the  care  and 
distribution  of  the  printed  laws  of  the  State. 

72.  The  duties  of  a  State  Auditor  are  those  of  a  chief 
book-keeper,  and    somewhat    more.     He  keeps  all  the 
accounts  of  the  State ;   approves  all  the  accounts  and 
salaries  of  persons  who  may  receive  money  from  the 
treasury,  and  issues  orders,  or  warrants,  for  the  payment 
of  these ;  and  he  reports  to  each  Legislature  a  detailed 
estimate  of  the  necessary  expenses  of  the  State  until  the 
meeting  of  the  next  Legislature.    He  is  also  the  Register 
of  the  State  Land  Office,  and  has  charge  of  the  books  in 
which  are  preserved  the  records  of  the  sales  of  State  lands. 

73.  The  State  Treasurer  receives  and  pays  out  all  the 
moneys  of  the  State,  keeping  the  usual  detailed  accounts 
of  the  same,  and  making  an  explicit  report  to  the  Gov- 
ernor once  in  two  years.     The  Governor,  Auditor,  and 
Secretary  of  State,  as  an  Examining  Board,  once  in  each 
month,  without  previous  notice,  inspect  all  the  accounts 
and  funds  of  the  treasury  department.    Any  use  whatever 
of  the  State  funds,  in  any  manner  and  for  any  purpose 
not  determined  by  law,  is  made  a  statutory  embezzlement. 

74.  The  Attorney -General  appears  for  the  State,  and 
prosecutes  and  defends  all  actions  and  proceedings,  civil 
or  criminal,  in  which  the  State  is  interested  or  is  a  party 
He  performs  this  duty  in  the  Supreme  Court  of  the  State 
by  virtue  of  his  office,  and  in  any  other  court  on  request 


State  Officers.  35 

of  the  Governor.  He  gives  legal  advice  to  all  County 
Attorneys  or  other  State  officers  whenever  they  may 
apply  to  him. 

75.  Under  the  general  superintendence  and  manage- 
ment of  the  State  Superintendent  of  Instruction*  are  the 
entire  educational  interests  of  Kansas.     He  distributes 
the  income  of  the  State  school-fund  to  the  counties  from 
which  proper  reports  have  been  received ;    visits  each 
county  at  least  once  in  two  years ;  publishes  the  school 
laws  that  are  in  force;  advises  with  County  Superin- 
tendents ;  and  reports  in  detail  to  the  Governor,  prior  to 
each  session  of  the  Legislature,  the  condition  of  educa- 
tional affairs  in  the  State. 

76.  The  State  officers  thus  far  mentioned,  except  the 
Lieutenant-Governor,  form  what  is  known  as  the  Ex- 
ecutive Council.     This  has  care  and  management  of  the 
state-house  and  of  the  grounds  about  it,  of  the  armory, 
and  of  all  other  State  property  where  no  other  provision 
is  made  by  law.     It  elects  the  three  Railroad  Commis- 
sioners ;  has  advisory  and  confirming  power  in  connection 
with  some  of  the  Governor's   appointments;    and  has 
many  other  duties  prescribed  by  the  statute. 

77.  The  Railroad  Commissioners  form  a  Board  to  which 
are  referred  all  questions  as  to  freight  or  passenger  charges, 
the  location  of  depots  and  side-tracks,  and  all  other  claims 
or  questions  which  may  arise  under  the  law  regulating 
railways.   A  Commissioner's  term  of  office  is  three  years. 

78.  The    Lieutenant-Governor,    Secretary    of   State. 
Treasurer,  Auditor,  and  Attorney-General  are  united  in 

*  The  Auditor,  Treasurer  and  Superintendent  are  each  authorized 
to  appoint  a  competent  and  suitable  assistant,  who  shall  be  known  as 
Assistant  Auditor,  Treasurer,  or  Superintendent. 


36  Local  Government  in  Kansas. 

a  Board  known  as  the  Board  of  Railroad  Assessors  •  whose 
duty,  it  is  to  assess  the  property  of  all  railroad  corpora- 
tions in  the  State  for  the  purposes  of  taxation 

79.  To  the  Secretary  of  State,  the  Superintendent  of 
Public   Instruction,   and  the  Attorney-General,  as  the 
School-Fund  Commissioners,  is  entrusted  the  care,  man- 
agement, and  investment  of  the  school-fund  of  the  State. 

80.  Whenever  the  State  incurs  a  debt,  a  tax  is  levied 
which  will  pay  the  interest  each  year,  and  also  raise,  'each 
year,  an  amount  which,  when  laid  by,  will  equal  the  prin- 
cipal when  the  latter  comes  due.     The  part  laid  by  each 
year  to  pay  the  principal,  is  called  the  Sinking  Fund ;  and 
is  in  charge  of  the  Governor,  Secretary  of  State,  and  State 
Auditor,  known  as  the  Sinking-Fund  Commissioners. 

81.  The  State  Agricultural  Society  is  organized   to 
further  the  agricultural  interests  of  the  State.     Every 
County  or  District  Agricultural  Society  which  shall  have 
made  a  monthly  and  detailed  report  of  the  condition  of 
crops,  of  the  noxious  insects,  and  of  the  condition  of  stock 
in  its  county  or  district,  and  shall  have  furnished  such 
other  information  as  the  State   Board  may  require,  is 
entitled  to  send  its  President,  or  some  other  person,  as  a 
delegate  to  the  annual"  meeting  of  the  society.     This  is 
held  in  Topeka,  on  the  second  Wednesday  of  January  in 
each  year,  and  the  usual  officers  are  then  elected.     The 
President,  Vice-President,  Secretary,  Treasurer,  and  five 
members  chosen  at  the  annual  meeting,  constitute  the 
regular  State  Board  of  Agriculture.   Of  this,  the  Governor 
and  Secretary  of  State  are  ex-ojficio  members. 

82.  The  State   Board  takes  the   census   (the  official 
numbering   of  the  people),  and  compiles   all  statistics 


Slate  Officers.  37 


and  collects  all  manner  of  information  that  may  be  use- 
ful to  farmers,  or  which  may  prove  desirable  to  those  in 
other  States  or  countries  looking  for  new  homes.  The 
result  of  their  labors  is  put  in  the  form  of  a  Biennial 
Report,  of  which  several  thousand  copies  are  printed  for 
general  distribution.  The  society  occupies  large  rooms 
in  the  capitol,  where  are  preserved  and  displayed  spe- 
cimens of  the  soils,  products,  and  industries  of  the  State. 

83.  Closely  connected  with  the  agricultural  interests 
of  the   State   is   the  Live-Stock   Sanitary   Commission. 
This  Board  is  made  up  of  three  persons  appointed  by 
the  Governor,  with  the  advice  and  consent  of  the  Senate, 
and  has  general  oversight  of  the  health  of  all  live-stock 
in  the  State.     The  State   Veterinary  Surgeon,  also  ap- 
pointed by  the  Governor,  acts  with  this  commission  ;  the 
object  being  to  secure  the  best  means  of  avoiding  or 
limiting  contagious  diseases  in  domestic  animals. 

84.  The  Academy  of  Science  is  really  a  department  of 
the   State    Board  of  Agriculture,  but  with  a  separate 
organization   and    under   its   own    officers.     It  holds  a 
regular  annual  meeting,  at  which  the  latest  discoveries 
and  advancement  in  science  are  discussed.    The  Academy 
has  an  office  in  the  agricultural  room,  in  the  capitol,  and 
has  special  duties  in  the  way  of  collecting  and  preserving 
botanical  and  geological  specimens. 

85.  The  State  Horticultural  Society  receives  support 
from  the  State  in  its  work  of  investigating  the  various 
methods  in  horticulture,  and  of  collecting  and  dissemi- 
nating all  manner  of  information  that  may  be  useful  to 
fruit-growers.     Like  the  Academy  of  Science,  it  is  really 
a  department  of  the  State  Board  of  Agriculture. 

86.  The  State  Historical  Society  was  organized  to  col- 


38  Local  Government  in  Kansas. 

lect  books,  maps,  public  and  private  letters  and  documents, 
relics,  and  all  and  everything  relating  to  the  history  of 
Kansas  in  particular,  and  of  the  West  in  general.  Mem- 
bership is  by  election  of  the  society  and  on  payment  of 
certain  fees ;  and  the  members  elect  their  own  officers  at 
the  annual  meeting.  The  State  provides  rooms  for  the 
collections,  and  appropriates  certain  amounts  each  legis- 
lative session  for  the  current  expenses  of  the  society,  in- 
cluding the  salaries  of  the  Secretary  and  of  his  assistants. 
These  are  the  librarians,  and  are  the  custodians  of  the 
property  of  the  organization.  The  expenditures  of  this 
fund  must  be  duly  reported  to  the  Governor. 

87.  The  State  Board  of  Education  consists  of  the  State 
Superintendent  of-  Public  Instruction,  the  Chancellor  of 
the  State  University,  the  President  of  the  State  Agricul- 
tural College,  and  the  Principal  of  the  State  Normal 
School.  This  Board  is  authorized  to  issue  State  diplomas 
to  such  professional  teachers  as  may  be  found,  upon 
critical  examination,  to  possess  sufficient  scholarship  and 
culture,  to  be  of  unexceptionable  moral  character,  of 
eminent  professional  experience  and  ability,  and  who 
have  taught  two  years  in  this  State.  The  Board  also 
issues  State  certificates  of  two  grades — one  valid  for  three 
years,  and  one  for  five  years.  These  are  granted  on 
examination  to  those  showing  high  qualifications  as 
teachers.  The  Board  also  prepares  the  questions  used 
in  county  examinations  of  teachers,  by  which  a  certain 
uniformity  and  high  grade  of  excellence  is  sought  in 
those  receiving  county  certificates.  It,  determines  who 
may  be  conductors  and  instructors  in  County  Normal 
Institutes,  and  issues  certificates  to  them.  It  is  gene- 
rally regarded  by  the  State  Superintendent  as  a  sort 
of  advisory  council,  though  it  has  no  such  legal  posi- 


State  Officers.  39 


tion  or  duty.  The  members  meet  at  Topeka  on  the 
fourth  Monday  in  August  in  each  year,  and  at  such 
other  times  and  places  as  they  may  deem  necessary. 

88.  Three  persons  (one  of  whom  must  be  an  attorney) 
are  appointed  by  the  Governor  to  act  as  a  Board  of 
Pardons.     All  applications  for  pardons  of  persons  un- 
dergoing a  sentence  of  law  must  be  submitted  to  thia 
Board,  and  it  has  authority  to  examine  the  facts  in  all 
cases  in  which  it  seems  a  pardon  might  be  granted. 
The  Board  meets  four  times  each  year,  in  Topeka ;  and 
the    members   hold   office  during   the  pleasure  of  the 
Governor. 

89.  All  institutions  for  the  defective  classes  are  un- 
der the  general  control  of  the  State  Board  of  Trustees 
of  Charitable  Institutions,  consisting  of  five  persons,  ap- 
pointed by  the  Governor.     The  term  of  office  is  three 
years. 

.90.  Nine  physicians  appointed  by  the  Governor  con- 
stitute the  State  Board  of  Health.  The  term  of  office  is 
three  years,  and  the  holding  is  so  arranged  that  three 
members  are  appointed  each  year.  The  annual  meeting 
of  the  Board  is  held  in  Topeka,  in  June ;  and  quarterly 
meetings  are  held  there,  or  elsewhere,  as  the  Board  may 
direct.  The  Board  elects  one  of  its  own  members  as  Sec- 
retary, who  is  really  the  executive  of  the  Board.  It 
has  general  authority  to  supervise  the  health  interests 
of  the  State.  It  collects  statistics,  publishes  informa- 
tion, inspects  public  buildings,  can  give  authoritative 
directions  and  take  all  necessary  precautions  in  regard 
to  contagious  diseases,  and  devotes  its  efforts  to  the 
general  improvement  of  the  sanitary  condition  of  the 
commonwealth. 


40  Local  Government  in  Kansas. 

if  I.  The  State  Medical  Examiners  are  appointed  un- 
der a  special  statute  by  the  Kansas  Medical  Society 
(Allopathic),  the  Eclectic  Medical  Society  of  Kansas, 
and  the  Homoeopathic  State  Medical  Society.  All  prac- 
ticing physicians  must  hold  certificates  from  one  or  the 
other  of  these  Examining  Boards.  Certain  certificates 
are  given  to  those  who  hold  diplomas  from  medical  col- 
leges :  others,  to  those  who  are  examined  directly  by 
the  Boards.  These  certificates  must  be  recorded  with 
the  County  Clerk,  and  no  person  can  practice  medicine 
or  surgery  until  he  has  received  and  recorded  his  certifi- 
cate. The  usual  penalties  attach  to  any  violation  of 
the  act  creating  the  Boards  and  regulating  medical 
practice. 

92.  The  State  Board  of  Pharmacy  is  composed  of 
five   reputable   and   practicing  pharmacists  (druggists), 
appointed  by  the  Governor.     The  term  of  office  is  three 
years.     This  Board  has  general  supervision  of  the  prac- 
tice of  pharmacy;  must  examine  and  register  all  who 
wish  to  go  into  this  business,  either  as  druggists  or  as 
druggists'  clerks ;  and  issues  certificates  of  competency, 
or  licenses  applicants  to  keep,  compound,  and  sell  drugs 
and  medicines.     The  intention  of  the  law  creating  this 
Board  was  to  prevent  incompetent  persons  from  dealing 
in  drugs,  and  to  punish  the  adulteration  of  medicines 
and  chemicals. 

93.  A  State  Printer  is  chosen  by  the  Legislature; 
who  does  all  the  public  printing — such   as  stationery, 
blanks,  reports,  etc. — for  State  officers,  and  most  of  that 
required  in  State  institutions ;  and  whose  term  of  office 
is  two  years. 

94.  Bv  and  with  the  advice  and  consent  of  the  Sen- 


State  Officers.  41 


ate,  the  Governor  appoints  a  Superintendent  of  Insur- 
ance, who  holds  his  office  for  four  years,  and  whose  duty 
it  is  to  examine  carefully  tbe  management  and  financial 
condition  of  each  insurance  company  that  wishes  to  do 
business  in  the  State.  He  reports  the  result  of  such  ex- 
aminations publicly ;  and  if  in  any  case  it  is  not  satis* 
factory,  he  has  power  to  revoke  the  authority  by  which 
the  company  entered  the  State. 

.9.5.  The  Governor  also  appoints  a  Librarian,  who  has 
charge  of  the  State  Library,  located  in  the  capitol. 

96.  The  Commissioner  of  Labor  Statistics  is  appointed 
by  the  Governor,  and  holds  office  two  years.     He  is  at 
the  head  of  the  Bureau  of  Labor  and  Industrial  Statis- 
tics, and  it  is  his  duty  to  collect  and  put  in  proper  form 
all  possible  details  relating  to  all  kinds  of  labor  in  the 
State ;  especially  the  details  of  the  social,  educational, 
and  sanitary  condition  of  the  laboring  classes,  and  of  the 
manufactures  of  the  State. 

97.  The    State  Mine  Inspector  is  appointed  by  the 
Governor  and  the  Executive  Council,  under  a  special 
statute  controling  the  operation  and  safety  of  mines.     He 
must  be  at  least  thirty  years  old,  and  have  had   five 
years'   experience  working  in  and   around  coal-mines. 
The  term  of  office  is  two  years.     He  visits  each  mine  in 
the  State  at  least  twice  in  each  year,  to  see  that  every 
possible  precaution  is  taken  against  accidents,  and  that 
all  due  regard  is  paid  to  the  health  of  the  workmen 
while  in  the  employ  of  a  mining  company ;  and  he  col- 
lects and  reports  to  the  Governor  all  statistics  relating' 
to  mining  in  this  State. 

98.  The  Commissioner  of  fisheries  is  an  officer  ap- 


42  Local  Government  in  Kansas. 

pointed  by  the  Governor,  serving  two  years.  His  duties 
are  to  examine  the  various  rivers,  lakes,  and  streams  of 
the  State  to  learn  whether,  and  how,  they  can  be  ren- 
dered more  productive  of  fish.  He  also  sees  that  the 
special  statutes  regarding  fish  are  enforced. 

99.  The  Governor  appoints  a  Commissioner  of  For- 
estry,  who    holds  office   two  years.      It  is  his  duty  to 
establish   two  experimental   stations  in  forestry  of  not 
less  than  one  hundred  and  sixty  acres  each,  to  hold  pub- 
lic forestry  meetings  in  different  parts  of  the  State,  and  to 
secure  and  disseminate  all  possible  information  as  to  the 
best  methods  of  planting  and  growing  forest-trees.     The 
experimental  stations  are  in  Trego  and  Ford  counties. 

100.  The  Inspector  of   Oils   tests  all  petroleum  oils 
offered  for  sale  in  this  State,  with  a  view  to  determining 
their  purity  and  safety.     He  is  appointed  by  the  Gov- 
ernor, and  holds  office  for  two  years. 

101.  The  Silk  Commissioner  is  appointed  by  the  Presi- 
dent and  Secretary  of  the  State  Board  of  Agriculture, 
and  holds  office  for  two  years.     It  is  his  duty  to  super- 
vise the  experiments  made  in  silk-culture  at  the  State 
Sitk  Station,  at  Peabody. 

102.  The  Governor  appoints  an  Adjutant- General  of 
the  State  Militia,  whose  office  is  at  the  ca.pitol,  and  who 
has  general  supervision  of  the  organization,  equipment, 
drill,  and  active  services  of  the  militia. 

103.  The  Governor  may  appoint  a  State  Agent,  who 
prosecutes  to  a  final  decision,  in  the  proper  departments 
of  the  National  Government,  all  disputed  claims  of  the 
State  against  the  United  States. 

104.  Conclusion. — State  officers  are  connected  with 
greater  trusts  than  those  committed  to  lower  officials, 


State  Officers.  43 


anil  are  in  charge  of  matters  which  interest  larger  cir- 
cles of  citizens.  There  is  need,  therefore,  of  more 
marked  ability  and  of  wider  acquaintance  with  public 
affairs.  While  there  is  little  or  no  difference  of  opinion 
as  to  the  general  management  of  the  business  of  the 
State,  there  will  always  be  some  poin's  of  public  policy 
on  which  men  cannot  agree.  These  are  the  foundations 
of  political  parties.  Because  of  the  very  close  relations 
existing  between  a  State  and  the  nation,  and  the  constant 
possibility  of  very  desirable  results  depending  on  prompt 
and  cordial  co-operation  between  the  President  and  the 
Governors  of  the  respective  States,*  it  has  seemed  proper 
that  an  effort  should  be  made  to  have  the  State  and 
National  Governments  under  the  control  of  the  same 
party.  Sometimes,  however,  local  issues  prevent  this, 
and  State  affairs  are  left  in  very  different  hands.  In 
times  of  peace  there  is  no  special  danger  in  this;  it  is  even 
desirable  that  home  interests  should  not  be  overshadowed 
by  those  of  the  nation.  There  is  never  a  real  conflict 
between  the  two  unless  there  is  a  violent  sectional  feel- 
ing in  the  pursuit  of  selfish  ends  on  the  part  of  the  State, 
or  usurpation  of  power  on  the  part  of  the  National  Gov- 
ernment. The  remedy  for  the  first  is  found  in  the 
moral  and  intellectual  uplifting  of  the  great  mass  of  the 
people ;  for  the  second,  in  a  more  careful  selection  of 
our  public  servants. 

No  issue,  national  or  local,  should  ever  divert  the 
attention  of  the  people  from  the  one  great  aim  of  all 
political  action — good  government. 

*  As,  when  the  President  must  call  out  the  militia. 


44  Local  Government  in  Kansas.  . 

THE    LEGISLATURE. 

1O5.  Prelude. — Kansas  has  the  usual  machinery  for 
making  laws — two  legislative  houses,  called  the  House 
of  Representatives  and  the  Senate.  Together  they  form 
the  Legislature,  sometimes  called  the  Assembly,  and  are 
often  spoken  of  as  the  Upper  House  and  the  Lower 
House.  The  number  of  members  is  regulated  by  law 
and  conforms  to  the  State  Constitution,  which  provides 
that  the  number  of  Kepresentatives  shall  never  exceed 
one  hundred  and  twenty-five,  nor  shall  there  be  more 
than  forty  Senators. 

lOfi.  Representation. — Members  are  elected  in  what 
are  known  as  Senatorial  and  Representative  Districts,  the 
boundaries  of  which  are  determined  by  the  Legislature 
itself.*  One  member  only  can  be  elected  from  each  dis- 
trict; and  the  citizens  of  one  district  cannot  vote  for 
members  in  other  districts. 

107.  The  Senatorial  Districts  are  made  by  combining 
counties,  except  in  the  case  of  counties  having  unusually 
large  populations,  when  the  county  is  made  the  district. 
This  is  now  true  of  fifteen  counties. 

108.  The  Representative  Districts  are  made  by  com- 
bining townships,  or  wards  of  cities,  or   both.     Each 
organized  county  casting  not  less  than  two  hundred  and 
fifty  votes  is  entitled  to  at  least  one  Representative.   An 
organized  county  casting  less  than  two  hundred  votes  is 
attached  to  the  county  east  of  it,  and  forms  part  of  such 
county,  for  purposes  of  representation. 

Except  so  far  as  population  controls  in  a  general  way, 
there  is  no  special  rule  governing  the  limits  or  bound- 
aries of  Legislative  Districts;  unless  it  be  that  the  political 

*  See  Constitution,  paragraph  119. 


The  Legislature.  45 


party  in  power,  when  any  new  districts  are  to  made,  or 
the  boundaries  of  old  ones  changed,  generally  tries  to 
make  such  divisions  as  will  secure  its  majorities  in  dis- 
trict elections.* 

109.  Qualifications. — No  person  can  be  a  member  of 
the  Legislature  unless  at  the  time  of  his  election  he  is  a 
resident  in  the  county  or  district  for  which  he  is  elected, 
and  is  a  qualified  voter  there.  No  member  of  Congress 
or  officer  of  the  United  States,  and  no  one  who  has  been 
convicted  of  embezzlement  or  of  misuse  of  public  funds, 
can  sit  in  the  Legislature. 

HO.  Term  of  Office. — Senators  serve  four  years,  and 
Representatives  two.  The  elections  of  the  former  come 
in  what  are  known  as  the  presidential  years,  that  is,  the 
years  in  which  Presidents  of  the  United  States  are  elected. 
Representatives  are  elected  in  each  alternate  year,  in  what 
are  sometimes  called  the  "  even,"  or  the  "  off',''  years. 

111.  Sessions. — All  sessions  of  the  State  Legislature 
are  held  at  the  State  capital ;  and  all  regular  sessions  are 
held  once  in  two  years,  on  the  "odd"  years.  The  regular 
session  opens  on  the  second  Tuesday  in  January.  Each 
member  is  allowed  three  dollars  for  each  day's  actual 
service,  and  fifteen  cents  for  each  mile  of  necessary  travel 
in  going  and  returning;  but  the  total  allowance  for  ser- 
vice cannot  exceed  one  hundred  and  fifty  dollars  for  each 
member.  If  the  session  lasts  more  than  fifty  days,  there- 
fore, members  sit  without  pay.  In  the  same  manner  the 
statute  makes  provision  for  but  thirty  days  in  a  special 
session. 

*  This  is  more  peculiarly  true  when  the  State  is  to  be  divided  into 
Congressional  Districts.  To  divide  a  State  in  a  way  which  is  unnat- 
ural and  unfair,  for  party  purposes,  is  called  "  gerrymandering." 


46  Local  Government  in  Kansas. 

112.  Regular  sessions  are  held  by  virtue  of  the  law, 
and  need  no  call.    A  special  session  is  called  by  the  Gov- 
ernor, at  his  own  discretion,  and  is  sometimes  known  as 
a  "  called  session."     Joint  sessions,  in  which  both  Houses 
unite  and  act  as  one,  are  held  for  the  election  of  United 
States  Senator ;  and  may  be  held  for  other  purposes  by 
resolution  of  both  Houses.     All  sessions  are  open  and 
pubhc,  unless  special  circumstances  demand  secrecy. 

113.  Officers. — Each  house  elects  its  own  officers;  ex- 
cept that  the  Lieutenant-Governor  is,  by  virtue  of  his 
office,  President  of  the  Senate.     The  Senate  elects  a  Sec- 
retary and  Assistant  Secretary.     The  presiding  officer  in 
the  Lower  House  is  called  the  Speaker.     Among  other 
officers  and  employees  in  each  house  are  the  Clerks,  who 
have  charge  of  all  bills,  resolutions,  and  other  papers ; 
the  Postmaster,  who  looks  after  the  mail  of  each  mem- 
ber; the  Sergeant-at-Arms,  who  preserves  order,  com- 
pels the  attendance  of  absent  members  when  so  requested 
by  the  house,  and  is  a  sort  of  general  official  messenger ; 
the  Doorkeepers,  who  guard  the  entrance  to  the  floor,  or 
that  part  of  the  house  occupied  by  members;  and  the 
Pages,  or  the  lads  who  wait  on  members"  while  the  house 
is  in  session.     With  the  exception  of  the  Speaker,  all 
officers  and  employees  must  be  chosen  outside  the  mem- 
bership of  either  house. 

114.  Method  of  Business. — Either  house  is  organ- 
ized when  members  have  taken  the  oath  of  office,  and 
the  Speaker  and  Chief  Clerk  have  been  chosen  and  have 
qualified.     Other  officers  are  then  elected.     Committees 
are  appointed  by  the  presiding  officer  in  each  house,  one 
for  each  general  branch  of  business  which  will  come 

\D 

before  the  Legislature ;  as,  the  Ways  and  Means  Commit- 


The  Legislature.  47 


tee,  to  which  are  referred  all  appropriations  and  general 
expenditures ;  the  Committee  on  the  Judiciary,  on  Rail- 
roads, on  Corporations,  on  Education,  and  on  Federal 
Relations.  There  are  also  Special  Committees,  which  have 
some  one  subject  entrusted  to  them ;  the  others-  being 
called  Standing  Committees,  because  they  are  at  work 
on  a  given  class  of  subjects  during  the  entire  session. 
When  either  house  wishes  a  general  discussion  of  any 
given  topic,  and  a  discussion  carried  on  in  a  rather 
more  informal  way  than  usual,  it  frequently  sits  as  a 
Committee  of  the  Whole,  under  a  Chairman  elected  for 
that  occasion  only. 

115.  Most  changes  in  the  statutes  of  the  State,  new 
laws,  and  special  or  personal  acts  come  before  the  house 
in  the  way  of  bills,  petitions  or  resolutions  introduced  by 
members.     These  are  referred  to  the  appropriate  commit- 
tees, which  examine  carefully  into  the  purpose,  form,  and 
general  desirability  of  the  proposed  legislation.     These 
committees  may  call  and  examine  witnesses,  and  may  use 
any  and  every  lawful  method  for  securing  information 
and  prosecuting  investigation.     They  can   thus  accom- 
plish much  which,  by  reason  of  the  size  and  character 
of  the  house,  could  not  be  reached  in  any  other  way. 
This  is  why  committees  are  sometimes  called  the  eyes 
and  ears  of  the  house.     In  certain  senses  they  are  the 
hands  and  feet  as  well. 

116.  From  the  committees,  each  bill  comes  back  to 
the  house  in  which  it  originated,  for  general  consider- 
ation in  the  Committee  of  the  Whole.     This  committee 
reports  its  action  to  the  house,  just  as  any  other  commit- 
tee does.    The  house  then  accepts  or  amends  the  bill,  and 
it  is  then  engrossed  (or  written  out  carefully)  for  a  third 


18  Local  Government  in  Kansas. 

reading.  Unless  in  case  of  emergency,  each  bill  is  read 
on  three  separate  days  in  each  house.  This  rule  may  be 
suspended  by  a  two-thirds  vote  of  the  house  while  the 
bill  is  pending  ;  that  is,  after  it  has  been  introduced  and 
is  under  discussion.  But  on  its  final  passage  every  bill 
must,  under  all  circumstances,  be  read  by  sections.  A 
majority  of  all  the  members  elected  to  either  house  must 
vote  in  the  affirmative  in  order  to  pass  a  bill. 


Having  passed  in  the  house  in  which  it  was  first 
presented,  the  bill  is  sent  to  the  other  house  for  its  con- 
sideration. Here  it  may  be  passed,  or  amended.  In  the 
latter  case  it  goes  back  to  the  house  in  which  it  origi- 
nated, to  have  the  amendment  considered  or  rejected. 
A  "  lock  in  legislation  "  occurs  when  one  house  will  not 
agree  to  action  in  which  the  other  persists. 

118.  Every  bill  passed  by  both  houses  is  enrolled  (copied 
carefully  upon  the  official  roll  of  legislative  acts),  signed 
by  the  Speaker  and  by  the  President  of  the  Senate,  and 
is  then  sent  to  the  Governor.  If  he  approves  it,  he  signs 
it.  If  not,  he  sends  it  back  to  the  Lower  House  with  a 
statement  of  his  objections  to  it.  The  bill  and  the  objec- 
tions are  then  taken  up  and  debated  in  each  house  by 
turn,  and  if  passed  in  each  by  a  two-thirds  vote  of  all 
members  elected  it  becomes  a  law.  This  is  called  over- 
ridintj  a  veto.  If  the  Governor  does  not  return  a  bill 
within  three  days  (Sunday  not  counted)  after  ic  is  pre- 
sented to  him,  it  becomes  a  law,  as  though  he  had  signed 
it.  This  rule  has  one  exception  ;  where  the  Legislature 
adjourns  within  three  days,  so  that  a  bill  cannot  be  re- 
turned, the  bill  fails.  Sometimes,  under  this  clause,  the 
Governor  withholds  a  bill  till  the  Legislature  adjourns. 
This  is  called  a  pocket  veto. 


The  Legislature.  49 


119.  The   Legislature  prescribes  the  time  when  its 
acts  shall  go  into  force,  and  has  them  published  as  soon 
as  possible.     No  law  of  a  general  nature  is  in  force  until 
it  has  been  published  in  some  newspaper  lawfully  desig- 
nated for  this  purpose,  or  in  a  volume,  under  the  direc- 
tion of  the  Secretary  of  State. 

120.  Conclusion. —  The  objects  of  legislation  are  al- 
most without  number,  and  are  really  limited  only  by 
the  general  welfare  of  the  State  in  all  sections  and  local- 
ities.    Yet  much  is  often  attempted  by  the  Legislature 
which  should  be  left  to  individuals  ;  and  there  are  many 
temptations   and   opportunities  to    legislate  either  un- 
wisely, in  a  partisan  way  ;  or  viciously,  in  behalf  of  pri- 
vate interests.     This  creates  in  this  department  of  gov- 
ernment, as  in  all  others,  a  demand  for  men  of  character 
as  well  as  ability — perhaps,  in  certain  senses,  even  more 
than  ability.    Integrity,  intelligence,  unselfishness — these 
are  the  prime  characteristics  of  every  wise  and  worthy 
legislator.     It  may  be  added  that  when  these  requisites 
have  been  secured — not  sooner — party  belief  may  prop- 
erly influence  the  election  of  members;  but  largely  be- 
cause the  Legislature  in  joint  session  elects  the  United 
States  Senator,  who  has  a  voice  in  determining  the  policy 
and  course  of  the  nation.     Below  this  point  all  issues 
are   local   only,    even    though    at   times   corresponding 
quite  closely  to  party  lines. 


THE  JUDICIARY. 


121.  Organization. — The    State    Constitution    pro- 
vides that  the  judicial  power  of  the  State  shall  be  vest- 


50  Locul  Government  in  J^ansas. 

ed  in  a  Supreme  Court,  District  Courts,  Probate  Courts, 
Justices  of  the  Peace,  and  such  other  courts,  inferior  to 
the  Supreme  Court,  as  may  be  provided  by  law.  Un- 
der this  last  clause  have  been  established  the  Police 
Courts  in  cities. 

122.  The  Supreme  Court  consists  of  one  Chief  Justice 
and  two  Associate  Justices,  who  are  elected  bv  the  voters 
in  the  State  at  large ;  that  is,  without  regard  to  any 
special  district.     The  term  of  office  is  six  years.     They 
appoint  a  Clerk,  who  has  charge  of  all  the  records  and 
papers  of  the  Court ;  and  a  Reporter,  who  compiles  and 
prepares  for  publication  the  decisions  of  the  Court,  with 
brief  statements  of  the  cases  in  which  the  decisions  were 
rendered.     There  are  also  three  Supreme   Court   Com- 
missioners, appointed  by  the  Governor,  holding  office  for 
three  years,  who  assist  in  the  general  work  of  the  Court 
and  are  really  so  many  more  Associate  Justices.     Their 
term  expires  in  1890.      The  Court  meets  at  the  State 
capitol,  on  the  first  Tuesday  in  January  and  July  of  each 
year.     Special  and  adjourned  terms  are  held  as  a  major- 
ity of  the  Court  may  direct.    The  greater  number  of  cases 
tried  by  this  Court  are  those  which  come  to  it  by  appeal 
from  lower  courts. 

123.  District   Courts  are  held  in  what  is  known  as 
the  Judicial  Districts.     Of  these  there  are  thirty-five, 
created  by  the  Legislature  by  combining  certain  coun- 
ties.    The  statute  also  determines  the  times  of  holding 
the  regular  terms  in  each  district.* 

*  Court  of  Common  Pleas  of  Sedgwick  County. — The  work  of  the  Dis- 
trict Court  of  this  county  was  so  burdensome,  and  so  much  in  arrears, 
that  the  Legislature  of  1889  created  "a  Court  of  Common  Pleas,  which 
sliould  cease  to  exist  on  the  first  Monday  of  April,  1891.  Th*e  Judge 


The  Judiciary.  51 


124.  Each  district  has  its  own  officers ;  that  is,  the 
Judge,  the  Clerks  (one  for  each  county),  and  the  Stenog- 
rapher.    The  chief  duties  of  the  Judyc  are  to  preside 
at  all  sessions  of  his  Court;  to  hear  and  determine  all 
cases  submitted  directly  to  him,  and  all  questions  of  law 
in  other  cases ;  and  to  have  general  supervision  of  all 
cases  submitted  to  a  jury,  as  well  as  to  instruct  the  jury 
as  to  questions  of  law  arising  in  the  same.     The  Clerk 
has  charge  of  all  papers  and  records  of  the  Court,  and  is 
responsible  for  their  safe  keeping.     He  is  elected  by  the 
voters  in  his  county  and  serves  for  two  years.     The 
Stenographer  is  appointed  by  the  Judge,  and  at  his  dis- 
cretion ;  and  makes  full  stenographic  reports  of  all  the 
proceedings  in  any  given  case. 

125.  Probate   Courts.     Each  county  has  its  Probate 
Court.     This  has  care  of  the  estates  of  deceased  per- 
sons, of  minors,  of  persons  of  unsound  mind,  of  habitual 
drunkards,  and  of  apprentices.     The  regular  terms  of 
this  Court  commence  on  the  first  Monday  in  January, 
April,  July,  and  October  of  each  year.     As  each  term 
extends  to  the  Saturday  preceding  the  next  regular  term, 
the  Court  is  really  always  in  session. 

126.  Board  of  Arbitration. — The  District  Court  of 
each  county,  or  a  judge  of  such  court  (in  vacation),  has 
power,  on  presentation  of  petition  signed  by  at  least  jive 
workmen  and  two  firms  of  employers,  all  residing  in  the 
county,  to  appoint  a  tribunal  for  voluntary  arbitration 
and  settlement  of  disputes  between  employers  and  em- 
ployed in  manufacturing,  mechanical,  mining,  and  other 

is  appointed  by  the  Governor.  The  powers  and  methods  of  business 
are  generally  those  of  the  District  Court.  Four  hundred  of  the  actions 
pending  in  the  latter  were  at  once  transferred  to  the  new  court. 


52  Local  Government  in  Kansas. 

industries.  The  tribunal  consists  of  two  workmen  and 
two  employers  and  an  umpire.  When  the  parties  agree 
to  submit  their  difficulties  to  this  Board  of  Arbitration, 
its  decision  is  final,  unless  "  fraud,  accident,  or  mistake  " 
can  be  proven  in  connection  with  its  conclusions. 

It  is  hoped  that  this  action  will  provide  a  method  by 
which  speedy  and  just  settlements  of  such  difficulties  can 
be  reached,  and  strikes,  interference  with  business,  and 
violence  avoided. 

227.  Trial  by  Jury. — Trial  by  jury  is  recognized  in 
the  National  Constitution,  and  in  that  of  every  State,  as 
being  one  of  the  very  best  means  by  which  to  secure  the 
liberties  and  rights  of  all  citizens.  There  are  two  kinds 
of  juries;  Grand  and  Petit.  The  Grand  Jury  consists 
of  fifteen  members,  and  twelve  must  unite  in  passing  upon 
the  bill  of  indictment.  The  sessions  are  secret ;  and  are 
held  for  the  purpose  of  inquiring  into  crimes  and  deter- 
mining the  evidence  concerning  suspected  criminals.  If 
circumstances  are  such  as  to  warrant  the  jury  in  believing 
that  an  accused  person  ought  to  be  tried,  it  finds  what  is 
called  a  true  bill  against  him,  and  he  is  then  brought  into 
court  for  the  usual  trial.  Unless  a  true  bill  is  found,  no 
further  proceedings  are  taken.  In  this  State  the  Grand 
Jury  is  called  by  an  order  of  the  Judge  of  the  District 
Court,  issued  at  the  request  of  one  hundred  tax-payers 
of  any  county. 

128.  The  Constitution  of  the  State  provides  that  in 
all  prosecutions  the  accused  shall  have  a  speedy  and 
public  trial  by  an  impartial  jury  of  the  county  or  dis- 
trict in  which  the  offence  is  said  to  have  been  committed. 
In  a  large  number  of  civil  cases,  also,  a  jury  trial  may 
be  had  on  demand.  Great  care  is  taken  in  the  statute 


Tlie  Judiciary.  53 


to  secure  only  men  of  "  fair  character  and  approved  in- 
tegrity." It  is  made  the  duty  of  the  Trustee  of  each 
township,  and  of  the  Mayor  of  each  city,  to  make  during 
April  of  each  year  a  list  of  such  persons  to  serve  as  jurors 
for  the  ensuing  year.  In  each  organized  county  having  a 
population  of  thirty  thousand  and  upward,  the  Governor 
appoints  three  Jury  Commissioners,  whose  term  of  office 
is  two  years,  and  whose  duty  it  is  to  make  up  the  list  of 
names  from  which  the  juries  shall  be  drawn.  These  take 
the  place  of  the  Trustees  and  Mayors.  These  lists  are 
sent  to  the  County  Clerk,  who  writes  the  names  on  sep- 
arate pieces  of  paper  and  puts  them  all  in  a  box.  Then, 
with  two  Justices  and  the  Sheriff  as  witnesses,  he  draws 
the  names  of  from  twelve  to  thirty-six  persons  as  the 
Court  may  order.  Twelve  of  these  form  a  Petit  Jury, 
and  determine  all  questions  of  fact  that  come  up  during 
a  trial.  Their  verdict  must  be  unanimous ;  though  it 
has  been  thought  it  would  be  better  to  permit,  say, 
three-fourths  to  decide. 

129.  Juries  in  Justices'  Courts,  when  called  for,  are 
made  up  by  the  Justice  writing  the  names  of  eighteen 
citizens  of  the  county ;  from  which   list  the  parties  to 
the  suit  strike  out  each  one  name,  alternately,  till  but 
six  remain — which  constitute  the  jury.     This  jury  de- 
termines questions  both  of  law  and  of  fact. 

130.  All  jurors   are   summoned   by  the  Sheriff  or 
proper  officers  of  the  Court.* 

131.  Conclusion. — It  has  been  said  that  no  nation  has 

*  The  statutes  exempt  certain  persons  from  jury  service,  declare 
others  to  be  debarred  from  such  service,  and  permit  the  parties  to  a 
case  to  challenge ;  but  this  belongs  more  properly  to  the  practice  of  th« 
law. 


54  Local  Government  in  Kansas. 

Jong  survived  the  corruption  of  its  courts.  The  judgu 
should  be  above  suspicion;  the  jury  competent,  honest, 
fearless.  No  high-minded  citizen  will  be  content  with 
any  result  of  our  judicial  system  other  than  most  exact 
and  impartial  justice.  When  justice  is  bought  and  sold 
it  is  no  longer  justice,  and  the  end  is  very  near. 


TAXATION. 

132.  Prelude. — The  State,  the  Government,  is  simply 
the  agent  of  the  people,  and  an  agent  whose  necessary 
expenses  must  be  paid.     Often  this  agent  is  called  on  to 
make  certain  expenditures  in  behalf  of  its  principal — 
the  people ;  .and  the  latter  must  in  some  way  pay  the 
bills.     The  method  of  raising  the  amount  necessary  to 
meet  these  expenditures  and  expenses  is  called  Taxation, 
and  the  amounts  themselves  are  called  Taxes. 

As  the  only  legal  ground  on  which  any  tax  can  be 
collected  by  the  Government — whether  it  be  that  of  the 
Nation,  of  the  State,  of  the  County,  of  the  Township,  or 
of  the  School  District — is  that  it  has  rendered,  or  promises 
to  render,  a  service  which  is  fully  equivalent  to  the  amount 
collected ;  in  other  words,  that  we  are  to  receive  all  we 
pay  for — it  follows  that  we  should  examine  very  closely 
the  entire  proceedings  of  assessing,  levying,  and  collect- 
ing, in  order  that  we  may  know  that  our  money  is 
properly  taken  and  judiciously  expended. 

133.  Four  Canons. — There  are  four  rules,  or  canons, 
which  are  admitted  by  every  one  to  control  all  wise  tax- 
ation.    These  are : 


Taxation. 


55 


1.  Citizens   should  pay  taxes  in  proportion  to  their 
ability  to  pay. 

2.  The  tax  which  each  must  pay  should  be  determined 
by  some  fixed  rule  which  applies  to  all,  and  should  not 
be  arbitrary ;  and  the  time  of  payment,  the  manner  of 
payment,  the  amount  to  be  paid,  should  be  perfectly  clear 
and  plain  to  the  one  who  pays  and  to  every  one  else. 

3.  The  tax  should  become  due,  as  nearly  as  possible,  at 
the  time  and  in  the  manner  in  which  it  will  most  likely 
be  convenient  for  the  great  mass  of  citizens  to  pay. 

4.  The  tax  should  be  so  raised  as  to  ensure  the  least 
cost  of  collection ;  it  should  be  collected  as  short  a  time 
as  possible  before  really  needed ;   and  there  should  be 
very  little  surplus. 

134.  Kinds  of  Taxes.* — Every  one  pays  at  least  one 
tax,  and  most  people  pay  several  taxes.    These  are  levied 

*  The  following  table  has  been  prepared  to  indicate  briefly  the  gene- 
ral classes  of  taxation  to  which  citizens  are  subject: 


Kind  of  Tax. 

Amount 
Determined  By. 

Levied  On. 

Paid  To. 

National     .    . 

Congress. 

(  Imported  goods. 
•<  Tobacco,       liquors, 
(  *  occupations. 

(  Customs    officers  ; 
1     and  in  enhanced 
I     prices. 

[  District  collectors. 

State  .... 

Legislature. 

/  Real  estate  and  per- 
(  sonal  property. 

(  County  Treas.   )  . 
I  Towns'p  Trr  as.  /  T 

County    .    .    . 

County  Board  Comm's. 

|  Real  estate  and  per- 
\  sonal  property. 

Municipal  ;  as 
Township. 

Direct  vote  of  citizens. 

f  Real  estate  and  per- 
l  sonal  property. 

" 

School-District 

« 

<  Real  estate  ami  per- 
\  sonal  property. 

f  County  Treasurer. 
\  Dist.  Treasurer. 

Village  ) 

(  Trustees. 

Town    U 
City      j 

l<  Common  Council. 
(.  Board  of  Aldermen. 

|  Real  estate  and  per- 
I  soual  property. 

f  County  Treasurer. 
i  Local  Treasurer. 

*  Dealers  in  liquors  and  tobacco. 

tThe  county  system  prevails  wirhin  the  limits  of  government  surveys.  The 
parish  system  of  the  South  is  somewhat  analogous  to  this.  The  township  system 
gives  the  utmost  local  freedom,  and  belongs  to  New  England  and  the  Eastern  States 
[generally]. 

1  These  terms  are  often  interchangeable. 

g  Different  names  for  the  local,  representative,  government. 


56  Local  Government  in  Kansas. 


for  different  purposes,  and  by  different  officers.  Of  some 
of  these  we  have  already  spoken,  but  it  will  be  well  to 
bring  them  all  together  for  review. 

Every  male  person  who  has  been  thirty  days  in  this 
State,  and  who  is  between  the  ages  of  twenty-one  and 
forty-five,  is  liable  to  a  Road  Tax.  This  consists  of  two 
days'  work  on  the  road,  under  the  lioad  Overseer;  but 
actual  labor  may  be  avoided  by  paying  a  dollar  and  a 
half  for  each  day.  For  the  purposes  of  this  tax  every 
city  is  a  Eoad  District.  This  tax  is  levied  by  a  general 
statute. 

135.  The  statute  gives  cities  of  the  second  and  third 
class  the  right  to  levy  a  Poll  Tax,  or  a  tax  on  each  head, 
of  not  to  exceed  one  dollar,  on  all  male  citizens  between 
the  ages  of  twenty-one  and  fifty.     In  cities  of  the  third 
class  this  tax  is  collected  by  the  City  Treasurer. 

136.  All  cities  may  also  levy  what  is  called  an  Occu- 
pation Tax;  that  is,  a  tax  on  a  man's  business  as  such, 
without  much  regard  to  how  much   business  he  does. 
This  is  paid  to  the  City  Treasurer. 

137*  In  all  cities  there  are  special  taxes,  sometimes 
called  Improvement  Taxes,  or  Assessments  ;  such  as  taxes 
for  sidewalks  or  sewers  or  pavements.  These  generally 
fall  on  the  property  nearest  the  improvement. 

138.  But  nearly  all  other  taxes  fall  on  such  real  and 
personal  property*  as  is  not  exempt  by  law,f  and  are 
paid  to  the  County  Treasurer.  These  are : 

*  Real  property  is  land,  buildings  and  other  improvements,  mines, 
and  quarries.  Personal  property  is  everything  other  than  real  property  ; 
such  as  money,  notes,  bonds,  mortgages,  farm  stock,  and  movable  prop- 
erty in  general. 

f  Such  as  churches,  school-houses,  cemeteries,  public  libraries,  public 


Taxation.  57 

The  District  Tax,  which  is  voted  for  school  purposes 
by  the  citizeos  of  each  School  District. 

The  Township  Tax,  which  is  levied  for  bridge  repairs, 
culverts,  and  similar  purposes,  or  to  pay  township  bonds 
or  the  interest  on  them. 

The  County  Tax,  which  is  levied  by  the  County  Board 
of  Commissioners  for  the  general  expenses  of  the  county 
government;  such  as  salaries  of  officials,  buildings, 
bridges,  and  other  county  matters. 

All  ordinary  City  Taxes,  which  are  determined  by  the 
Mayor  and  Council. 

The  State  Tax,  which  is  levied  by  the  Legislature  to 
meet  the  ordinary  expenses  of  State  government,  and  to 
support  State  institutions  of  every  kind. 

139.  The  System. — The  Township  Trustee  is,  by  vir- 
tue of  his  office,  the  Township  Assessor.    In  cities  of  the 
first  and  second  class,  the  Mayor  and  Council  appoint  a 
City  Assessor,  in  February  of  each  year. 

The  Assessor  first  makes  a  list  of  all  the  real  estate 
within  his  township  or  city,  with  the  taxable  value  of 
the  same  (determined  by  himself),  and  the  names  of  the 
owners  of  the  different  tracts.  He  then  secures,  through 
the  owners,  on  blanks  prepared  for  that  purpose,  lists 
of  all  taxable  personal  property,  to  which  he  affixes  the 
value.  These  lists  are  given  to  the  County  Clerk,  who 
enters  them  on  what  are  known  as  the  Tax-Rolls. 

140.  On  the  first  Monday  of  June  of  each  year,  the 
Board  of  County  Commissioners  meet  as  a  Board  of 
Equalization.     The  County  Clerk  presents  the  tax-rolls. 

property  of  all  kinds,  and  personal  property  to  the  amount  of  $200  for 
each  family. 


53  Local  Govwnment  in  Kansas. 


Any  person  feeling  that  he  is  unduly  assessed  may  ap- 
pear before  the  Board  and  present  his  case ;  the  Board 
having  power  to  correct  all  errors  and  to  right  all  wrongs 
that  may  be  proven  to  exist.  They  can  also  use  their 
discretion  in  certain  matters,  even  though  no  complaint 
is  made ;  as,  where  any  lands  in  the  county  seem  to  be 
assessed  too  high  or  too  low,  compared  with  the  average 
valuation  of  similar  property  through  the  entire  county. 
After  the  rolls  have  been  equalized,  they  are  sent  to  the 
State  Auditor. 

141.  On  the  second  Wednesday  of  July  in  each  year, 
the  Secretary  of  State,  State  Auditor,  and  State  Treas- 
urer meet  at  the  Capitol  as  a  State  Board  of  Equalization. 
They  act  for  the  whole  State  as  the  County  Board  does 
for  the  county;  only  now  it  is  cities  or  counties  appearing 
and  complaining  instead  of  individuals.     The  rolls  thus 
corrected  are  sent  back  to  the  respective  County  Clerks ; 
and  with  each  goes  a  statement  of  how  much  of  the  State 
tax  must  be  paid  by  that  county. 

142.  The    County   Commissioners,    the    Mayor   and 
Council  of  any  city,  the  Township  Trustee,  the  School 
District  Board,  and  the  Board  of  Education  of  any  city, 
then  notify  the  County  Clerk  of  the  per  cent,  which 
each  is  authorized  to  raise  for  that  year.     The  Clerk 
enters  these,   and   the  per  cent,  necessary  to  raise  the 
State  tax,  on  the  rolls.     Immediately  after  the  first  day 
of  August  he  computes  the  amounts  which  each  person 
taxed  must  pay.     He  must  finish  the  rolls  by  the  first 
day  of  November. 

On  that  day  all  taxes  become  a  legal  charge  upon  the 
land  taxed,  and  remain  so  until  they  are  paid.  The  rolls 
pass  into  the  hands  of  the  County  Treasurer,  and  pay 


Taxation.  59 

ment  must  be  made  at  his  office.  A  person  may  pay 
the  whole  amount  of  his  taxes  on  or  before  December 
20th.  in  each  year ;  in  which  case  he  is  entitled  to  a  re- 
duction of  five  per  cent,  on  one-half  the  amount  paid. 
Or  he  may  pay  half  his  tax  on  or  before  the  twentieth 
of  December,  and  half  on  or  before  June  20th — subject 
to  a  penalty  of  five  per  cent,  in  case  of  failure. 

If  personal  taxes  are  not  paid,  the  Treasurer  issues 
a  warrant  directed  to  the  Sheriff,  commanding  him  to 
seize  the  personal  property  of  the  person  not  paying,  and 
sell  it  to  pay  taxes  and  expense  of  collection. 

If  real  estate  taxes  are  not  paid,  the  land  is  adver- 
tised and  sold  by  the  County  Treasurer,  in  September 
after  the  taxes  first  become  due.  If  there  are  no  bid- 
ders it  goes  to  the  county.  Any  land  so  sold  may  be 
redeemed  at  any  time  within  three  years  from  the  date 
of  the  sale,  by  the  owner's  paying  all  taxes  and  costs 
and  interest  on  all  of  these  at  the  rate  of  twenty-four 
per  cent,  per  annum. 

143.  Conclusion. — As  it  is  really  the  local  govern- 
ment that  does  most  for  us,  it  should  be  the  local  gov- 
ernment that  raises  the  largest  taxes.  The  county  and 
district  taxes,  or  the  county  and  city  taxes,  are  always 
much  higher  than  those  of  the  State.  If  this  is  not 
true,  the  matter  needs  attention. 

All  local  taxation  is  under  our  very  eyes  and  should 
be  carefully  watched  and  wisely  criticised.  The  best 
rule  for  laying  and  collecting  taxes  is  that  they  should 
be  a  good  investment.  The  money  ought  to  bring  us 
more  than  we  could  get  by  expending  it  for  the  same 
purpose  in  any  other  way.  If  nothing  is  gained  by  es- 
tablishing a  common  fund,  a  common  treasury,  then,  in 


60  Local  Government  in  Kansas. 

this  at  least,  government  is  an  expensive  luxury  or  a 
mere  farce. 

Here,  again,  we  see  reason  for  great  care  in  the  selec- 
tion of  officers.  The  assessors,  and  all  other  officials 
connected  with  taxation,  have  great  power  and  great 
responsibility ;  and,  though  we  have  established  several 
checks  on  misdoing  and  ignorance,  intelligence,  ability  ? 
and  above  all  character,  are  prime  factors  in  any  success- 
ful solution  of  the  problem,  "  How  shall  the  revenues  of 
our  government  be  raised  ?  " 

Another  thought.  He  who  withholds  his  share  of  a 
tax,  by  any  means,  throws  an  unjust  burden  on  his 
neighbors,  and  is  guilty  of  a  great  social  wrong.  Sup- 
pose the  total  tax  in  a  township  owned  by  A  and  B  is 
$400.  If  A  and  B  have  each  the  same  amount  of  prop- 
erty, each  should  pay  the  same  tax — $200.  If  A  "swears 
down  "  his  assessment,  or  "  makes  friends  with  the  as- 
sessor," or  secretes  half  his  property,  then  not  only  will 
he  pay  $100  less  than  he  ought  to  pay,  but  B  will  pay 
$100  more  than  is  just ;  for  the  $400  tax  must  be  col- 
lected. This  illustrates  what  happens  when  any  citizen 
evades  a  just  tax.  He  robs  every  other  person  in  the 
community — there  is  no  other  word  for  it.  All  good 
citizens  should  unite  in  a  determined  effort  to  put  an 
end  to  this  kind  of  dishonesty. 


Higher  Education.  61 


HIGHER    EDUCATION. 

144.  In  addition  to  the  District  Schools  the  State 
makes  provision  for  higher  education,  as  follows : 

143.  Graded  Schools. — These  may  be  established 
whenever  the  people  of  two  or  more  districts  wish  to 
unite  for  this  purpose.  This  is  determined  by  a  major- 
ity vote  of  the  citizens  of  each  district ;  and  at  a  joint 
meeting  they  proceed  to  elect  officers  for  the  Union 
District,  and  conduct  all  school  business  thereafter  as 
though  it  were  but  a  single  district. 

14<>.  High  Schools — These  are  encouraged  by  the 
Constitution,  and  are  intended  to  furnish  somewhat 
advanced  education  to  those  who  for  any  reason  cannot 
attend  institutions  of  higher  learning.  They  also  give 
suitable  preparation  to  those  who  can  attend.  As  thus 
far  established,  they  are  very  generally  departments  of 
graded  or  city  schools,  and  are  under  the  same  general 
management. 

147.  County  High  SchooJs. — Each  county  having  a 
population  of  six  thousand  inhabitants  or  over  may  estab- 
lish a  County  High  School.  The  County  Commissioners, 
on  petition  of  one-third  the  electors  of  the  county,  or  at 
their  own  discretion,  give  notice  twenty  days  before  a 
general  election  (or  before  a  special  election  called  for 
this  purpose)  that  they  will  submit  to  the  electors  the 
question  of  the  establishment  of  a  County  High  School 
at  a  given  place.  When  established,  the  School  is  under 
the  charge  of  a  board  of  six  Trustees,  two  of  whom  are 
elected  from  the  county  at  large  each  year.  The  term 
of  office  is  three  years.  The  County  Superintendent  is 
ex-officio  president  of  the  board. 


62  Local  Government  in  Kansas. 

Three  courses  of  study  are  provided  :  a  General  Course, 
a  Normal  Course,  and  a  Collegiate  Course.  The  General 
Course  is  designed  for  those  who  cannot  continue  school- 
life  after  leaving  the  High  School.  The  Normal  Course 
is  designed  for  those  who  intend  to  become  teachers,  and 
fully  prepares  those  who  wish  to  take  up  the  first  year 
of  professional  work  at  the  State  Normal  School.  The 
Collegiate  Course  fully  prepares  for  the  Freshman  Class 
of  the  State  University,  of  the  State  Agricultural  Col- 
lege, or  of  any  other  institution  of  higher  learning  in 
the  State.  Tuition  is  free  to  all  pupils  residing  in  the 
county.  Only  those  who  have  completed  the  work  -in 
the  District  Schools  of  the  county  can  attend. 

The  design  of  the  law  is  to  furnish  advantages  for 
such  thorough  instruction  as  can  be  secured  in  the  well- 
known  academies  of  older  States. 

148.  Normal  Schools. — Provision  is  made  for  these 
in  the  Constitution,  Thus  far  the  State  has  but  one, 
that  at  Ernporia.  The  government  is  in  the  hands  of 
a  Board  of  Regents,  six  in  number,  appointed  by  the 
Governor  and  confirmed  by  the  Senate.  Its  revenues 
are  from  a  grant  of  land  comprising  the  six  sections 
adjoining,  or  as  contiguous  as  may  be,  to  each  salt  spring 
in  the  State  (not  exceeding  twelve  springs  in  all),  not 
including  the  sections  on  which  the  springs  are  located. 
In  addition  to  this,  it  may  receive  appropriations  from 
the  Legislature.* 

*  The  State  provides  for  further  normal  work  in  County  Normal  In- 
stitutes. These  are  established  under  the  general  supervision  of  the 
County  Superintendent  of  Public  Instruction.  They  are  held  in  the 
summer,  and  run  from  four  to  eight  weeks.  Each  has  a  Conductor,  who 
has  general  control  of  the  Institute,  and  is  the  leading  instructor ;  and 


Higher  Education.  63 


149.  The  Agricultural  College. — This  is  located  at 
Manhattan,  and  is  endowed,  under  an  act  of  Congress 
establishing  colleges  "  to  teach  such  branches  of  learn- 
ing as  are  related  to  agriculture  and  the  mechanic  arts," 
with  the  proceeds  of  sale  of  nearly  ninety  thousand  acres 
of  land,  over  $500,000.     Buildings  and  general  appa- 
ratus are  provided  by  the  State  appropriations.     It  has 
a  general  course  of  study  in  English,  mathematics,  and 
the  sciences,  with  special  adaptation  to  the  various  in- 
dustries of  the  State,  training  in  which  is  provided  upon 
the  farm  and  in  the  shops  connected  with  the  college. 
Military  science  and  tactics  are  taught  as  required  by 
law  of  Congress.     Tuition  is  free. 

150.  TJie  State  University. — This  is  located  at  Law- 
/rence,  and  represents  the  highest  form  of  general  culture 

under  the  patronage  of  the  State.  Its  endowment  con- 
sists of  the  proceeds  of  the  sale  of  seventy-two  sections  of 
land  granted  by  Congress,  to  the  returns  from  which 
are  added  regular  Legislative  grants.  Its  departments 
are:  a  department  of  the  literatures;  a  department  of 
the  sciences;  a  department  of  the  arts.  Tuition  is  free. 
The  management  of  these  last  two  institutions  is  pro- 
vided for  in  much  the  same  way  as  that  of  the  State  Nor- 
mal School.  The  regents  of  each  educational  institution 
receive  compensation  for  their  services  while  actually 
engaged,  and  an  allowance  for  traveling  expenses. 

151.  Conclusion. — The  fact  should  never  be  forgotten 
that  these  three  institutions  are  just  as  much  a  part  of 

several  Instructors  who  teach  specific  branches.  These  Institutes  are 
intended  to  teach  teachers  how  to  teach.  Each  person  attending  pays  a 
small  fee ;  and  the  State  and  county  aid  in  meeting  the  necessary  ex- 
penses of  instruction  not  covered  by  these  receipts. 


64  Local  Government  in  Kansas. 

the  school  system  of  the  State  as  are  the  common  schools. 
No  system  of  education  is  at  all  complete  which  stops 
with  the  mere  rudiments  of  learning.  Indeed,  if  we  com- 
pare the  studies  of  the  common  schools  with  most  of 
the  studies  in  higher  courses,  the  latter  will  be  found  to 
be  more  practical,  and  to  more  directly  aid  in  building 
up  strong  and  wise  citizens.  Thoughtful  parents  will 
make  many  sacrifices,  if  necessary,  to  secure  these  benefits 
for  their  children.  Young  men  and  young  women  who 
desire  to  do  good  work  wherever  their  lines  of  life  may 
fall,  should  put  forth  every  effort  to  place  themselves 
under  these  beneficent  influences.  The  State,  recognizing 
the  rich  returns  from  such  investments,  should  see  that 
every  facility  is  afforded  each  institution  for  doing  the 
best  possible  work  in  its  own  chosen  field. 


BENEVOLENT   AND    PENAL   INSTITUTIONS. 

152.  Prelude. — There  is,  perhaps,  no  surer  proof  of 
advanced  and  advancing  civilization, than  the  manner  in 
which  society  cares  for  the  defective — the  imperfect" — 
classes,  and  administers  lawful  punishment  to  evil-doers. 
Every  one  recognizes  that  age,  infirmity,  and  misfortune 
may  and  do  create  claims  upon  both  the  sympathy  and 
aid  of  society ;  while  the  very  name,  penitentiary,  indi- 
cates clearly  that  we  have  wisely  established  a  place 
where  law-breakers — presumably  penitent — shall  be  pun- 
ished and,  that  which  we  so  often  forget,  reformed. 

153.  Four  Classes. — There    are    four    great    classes 
which  need  the  almost  constant  care  of  society.    (1)  The 
defective  ;  (2)  paupers  ;  (3)  vagabonds ;  (4)  criminals. 


Benevolent  Institutions.  65 

154.  First  Class. — The  defective  include  the  insane, 
the  blind,  the  deaf  and  dumb,  and  the  feeble-minded  (or 
idiotic).  For  all  these  our  State  makes  quite  ample 
provision. 

The  insane  are  divided  into  two  classes  ;  those  needing 
only  general  care  and  oversight,  and  those  needing  special 
treatment.  For  the  first,  the  law  provides  guardianship. 
This  is  secured  through  the  Probate  Court,  which  has 
special  jurisdiction  in  all  such  cases.  Information  of  the 
insanity  is  duly  given,  and  a  jury  of  six  persons,  one  of 
whom  must  be  a  physician  in  regular  practice  and  of  good 
standing,  hears  the  facts  in  the  case  and  determines  the 
condition  of  the  person.  If  the  Court  thinks  it  unnec- 
essary to  send  the  person  to  an  asylum,  the  Probate 
Judge  appoints  a  guardian,  who  must  give  bonds,  and 
who  is  entrusted  with  all  the  property  and  business  of 
the  lunatic.  This  guardian  acts  very  largely  under  the 
advice  and  control  of  the  Probate  Judge,  and  may  be 
removed  by  the  latter  for  neglecting  business  or  for  dis- 
obeying any  order  of  the  Court.  Probably  no  better  wav 
could  be  devised  for  protecting  all  the  interests  of  a  per- 
son of  unsound  mind.  Yet  the  opportunities  for  fraud 
on  the  part  of  both  the  guardian  and  the  Court  are  very 
many ;  and  the  very  helplessness  of  the  lunatic  should  in- 
crease the  care  with  which  we  select  our  Probate  Judges. 

If  the  Judge  thinks  the  person  needs  special  treatment, 
he  applies  to  the  Superintendent  of  one  of  the  State  In- 
sane Asylums  for  the  admission  of  the  lunatic,  which  is 
granted  whenever  there  is  room  for  such  patient.  Of 
these  asylums  Kansas  has  two,  one  at  Osaw atomic,  the 
other  at  Topeka.  The  buildings  are  erected  at  public 
expense,  and  a  large  share  of  the  cost  of  maintaining  the 


66  Local  Government  in  Kansas. 

institutions  is  met  from  the  State  treasury.  Whenever 
the  patient  has  means  sufficient  for  his  own  support  and 
that  of  his  family  (if  he  has  one),  the  Probate  Court 
orders  the  guardian  to  pay  for  his  maintenance  at  the 
asylum.  If  he  is  not  able  to  support  himself  and  his 
family  (if  he  has  one),  or  if  he  is  a  minor  and  his  family 
is  not  able  to  support  him,  the  county  in  which  he  resides 
is  made  responsible  for  his  maintenance  while  under 
treatment.  If  restored  to  health,  he  is  at  once  restored 
to  liberty  as  well,  and  to  full  control  of  his  property. 

155.  The  Asylum  for  the  Blind,  or,  as  it  is  now  called, 
the  Kansas  Institution  for  the  Education  of  the  Blind,  is 
situated  at  Wyandotte.     It  is  in  charge  of  a  superinten- 
dent, with  the  usual  teachers.     As  far  as  possible,  the 
family  or  friends  of  the  blind  pupils  contribute  towards 
their  support.     Failing  in  this,  however,  the  Overseer 
of  the  Poor  in  the  township  in  which  the  pupil  resides 
makes  due  provision  from  public  funds  for  his  care  and 
instruction.     Besides  general  schooling,  the  pupils  are 
taught  some  useful  trade  or  calling. 

156.  The  Institution  for  the  Education  of  the  Deaf  and 
Dumb  is  located  at  Olathe.     In  general  management, 
regulation,    and   instruction,    it   is  very  similar   to   the 
Asylum  for  the  Blind. 

This  is  also  true  of  the  Asylum  for  the  Feeble-minded, 
located  at  Winfield. 

157.  Second  Class. — Paupers  are  those  who  are  un- 
able to  supply  themselves  with  the  necessaries  of  life, 
and  are  compelled  to  ask  either  for  entire  support  or  for 
aid.    The  statute  requires  each  county  to  support  its  own 
poor,  and  makes  the  Township  Trustees  and  the  Mayor 
and  Council  of  each  citv  Overseers  of  the  Poor.     These 


Benevolent  Institutions.  67 

Overseers  examine  all  cases  reported  to  them,  and  de- 
termine the  amount  of  relief  needed  and  in  what  way  it 
shall  be  granted.  Several  plans  are  followed.  Some- 
times aid  is  given  directly  to  the  persons  in  need.  In 
certain  cases  others  are  paid  the  reasonable  cost  of  caring 
for  the  pauper.  Children  of  paupers  may  be  bound  out 
by  the  Overseers ;  that  is,  may  be  compelled  to  enter  the 
service  of  others,  working  as  far  as  possible  for  their  own 
support.  Most  counties  own  what  is  known  as  a  Poor- 
house^  or  Poor-farm,  where,  under  a  Superintendent,  the 
poor  are  cared  for  and  the  farm  worked  in  their  behalf — 
the  paupers  performing  as  much  labor  as  possible. 

158.  The  treatment  and  care  of  the  poor  does  not  re- 
ceive as  much  nor  as  intelligent  attention  as  it  deserves. 
There  is  a  wide  difference  between  the  worthy  poor  and 
those  who  are  made  paupers  by  their  own  idleness  or 
viciousness.  How  to  separate  these;  what  shall  be  the 
plan  for  assisting  each  ;  how  to  make  the  receiving  of  aid 
sufficiently  disgraceful  and  unsatisfactory  to  prevent  an 
increase  of  paupers,  and,  at  the  same  time,  avoid  neglect- 
ing those  who  really  deserve  assistance ;  how  to  prevent 
the  terribly  demoralizing  effects  of  herding  all  classes  and 
sexes  together,  as  is  only  too  common  in  some  of  our 
poor-houses ;  how  best  to  help  both  classes  help  them- 
selves ;  how  to  lessen  poverty ; — these  are  questions  to 
which  every  citizen  should  give  most  careful  thought. 

In  this  connection  should  be  noted  one  specific  pro- 
vision of  the  statutes.  In  case  of  the  death  of  an  ex- 
Union  soldier,  sailor,  or  marine,  without  leaving  means 
sufficient  to  defray  the  funeral  expenses,  the  Township 
Trustee,  or  some  other  person  appointed  by  the  County 
Commissioners,  is  authorized  to  see  that  the  body  is 


68  Local  Government  in  Kansas. 

decently  buried  (the  expense  not  to  exceed  $50)  and  the 
grave  marked  by  a  suitable  headstone — not  to  cost  more 
than  $20. 

159.  The  Soldiers  Orphans'  Home  is  in  charge  of  the 
Trustees  of  State  Charities,  and  provides  for  the  educa- 
tion and  maintenance  of  all  poor  children  between  the 
ages  of  two  and  fourteen  years,  preference  being  given 
to  children  of  disabled  ex-Union  soldiers  or  sailors,  or  of 
those  who  have  died  poor.     The  children  cannot  be  kept 
at  the  Home  after  they  are  sixteen  years  old.     This  in- 
stitution is  located  at  Atchison. 

These  expressions  of  gratitude  to  the  men  who  per- 
petuated the  Union  are  among  the  most  worthy  we  have 
placed  in  our  laws. 

160.  The   St.  Vincent  Orphan  Asylum,  at   Leaven- 
worth,  receives  orphan,  destitute  and  friendless  children, 
and  secures  homes  for  them;  binding  them  out  or  ap- 
prenticing them  whenever  it  may  seem  desirable,  but 
never  longer  than   until   they  come  of  age.     It  is  not 
under  the  control  of  the  State,  but  is  aided  by  Legis- 
lative appropriations. 

161.  Third  Class. —  Vagabonds  are  those  who  wander 
about  from  place  to  place,  or  loiter  around  any  given 
place,  without  any  occupation  or  any  visible  means  of 
support.     The   statute  of  Kansas   calls  them  vac/rants 
under  certain  circumstances,*  and  inflicts  either  fine  or 
imprisonment.     As  every  county  is  presumed  to  care  for 
its  own  deserving  poor,  vagabondage  is  thought  to  indi- 
cate wilful  and  vicious  neglect  of  self-support,  and  there- 
fore the  law  strikes  sharply  at  such  offenders. 

*  When  found  in  drinking  saloons,  or  gambling  houses,  or  other  places 
of  ill  repute ;  or,  if  able-bodied  married  men,  when  neglecting  the  sup- 
<x>rt  of  their  families 


Penal  Institutions.  69 


162.  Fourth  Class. —  Criminals,  under 4he  statute,  are 
those  guilty  of  any  violation  of  law.     Acts  or  omissions 
for  which  the  laws  of  this  State  inflict  punishment  are 
called  Public  Offences.     Of  these  there  are  two  classes: 
Felonies,  or  offences  punished  by  death  or  by  confinement 
at  hard  labor  in  the  penitentiary ;  Misdemeanors,  a  name 
applied  to  all   offences  which  are   not   felonies.*     The 
places  for  detention  and  punishment  are  the  city  prisons, 
the  county  jails,  the  State  penitentiary,  the  reform  school, 
and  the  State  reformatory. 

163.  City  prisons  are  under  the  control  of  the  city 
authorities,  and  are  occupied  only  by  those  violating  the 
city  ordinances.     Cities  of  the  second  and  third  class  are 
permitted  by  law  to  use  the  county  jail  as  a  city  prison 
if  they  so  desire. 

164.  A  County  jail  is  provided  by  each  county  organ- 
ized  for  judicial  purposes.    It  is  built  at  the  county-seat, 
and  is  inspected  by  the  County  Judge  and  the  County 
Attorney  at  each  term  of  court.    The  Sheriff  has  charge 
of  the  jail  and  of  the  prisoners,  and  supplies  the  latter 
with  all  necessaries.     The  occupants  of  a  county  jail  are 
those  awaiting  trial,  those  undergoing  punishment,  and 
those  awaiting  transfer  to  the  penitentiary. 

165.  The  statute  recognizes  the  dangers  of  association 
and  of  crowding,  and  endeavors  to  guard  against  this. 
It  declares  that  all  prisoners  shall  be  treated  with  human- 
ity, and  in  a  manner  calculated  to  promote  their  refor- 
mation.   If  the  jail  will  admit  this,  the  younger  prisoners 
are  kept  separate  from  more  experienced  and  hardened 

*  The  statute  also  speaks  of  infamous  crimes,  by  which  are  meant  acts 
for  which  the  offenders  are  declared  disqualified,  or  rendered  incompetent, 
to  be  jurors,  or  to  vote,  or  to  hold  office. 


70  Local  Government  in  Kansas. 

criminals.  Women  are  given  separate  rooms.  Parents 
and  friends  who  desire  to  exert  a  moral  influence  over 
the  offenders  are  permitted  to  visit  them  at  all  reasonable 
times.  A  Bible  or  Testament  is  given  to  each  prisoner, 
and  ministers  of  the  gospel  can  converse  with  them  at 
any  proper  season. 

Notwithstanding  all  this,  it  is  to  be  feared  that  the 
influence  of  the  greater  number  of  our  city  prisons  and 
county  jails  is  simply  terrible.  No  regular  labor  is  ex- 
acted of  the  prisoners,  and  idleness  and  association  with 
others  of  his  own  class  must  be  very  demoralizing  to 
every  man  within  the  walls.  Very  few  jails  are  large 
enough  to  fully  meet  the  demands  made  on  their  space, 
and  almost  none  are  well  ventilated.  The  sexes  are  not 
often  separated  during  the  day,  nor  always  even  at  night; 
hardened  criminals  and  children  are  often  thrown  to- 
gether ;  there  is  no  employment  for  either  mind  or  body. 
Competent  inspectors,  in  various  States,  say  emphatically, 
"The  common  county  jails  are  the  common  schools  of  crime 
and  vice"  Common  humanity,  common  decency,  a  due 
regard  for  common  public  safety,  unite  in  demanding  that 
good  citizens  shall  study  this  question  with  the  greatest 
care,  and  bring  to  bear  upon  it  all  the  results  of  the 
widest  and  most  accurate  investigation. 

166.  The  Penitentiary  is  situated  at  Lansing,  near 
Leaven  worth.  The  general  management  is  in  the  hands 
of  three  Directors,  appointed  by  the  Governor.  Each 
Director  holds  office  three  years.  The  officers  directly 
in  charge  are  a  Warden,  who  is  the  principal  keeper,  and 
must  reside  at  the  penitentiary;  a  Clerk,  a  Physician  and 
Surgeon,  a  Chaplain,  a  Deputy  -  Warden,  such  Assistant 
Keepers  as  the  warden  and  the  directors  may  deem  neces- 


Penal  Institutions.  71 


sary,  and  an  Architect,  who  is  superintendent  of  the  con- 
struction of  the  buildings  and  walls.  Of  these,  the  first 
and  last  are  appointed  by  the  Governor  ;  the  others,  by 
the  directors. 

The  punishment  at  the  penitentiary  includes  the  hard 
labor  exacted  of  every  convict,  the  absolute  silence  which 
he  is  compe-lled  to  maintain,  and  the  fact  that,  though 
working  with  others,  he  is  really  alone,  because  of  nothing 
but  physical  companionship.  To  this  was  once  added 
hard  fare  ;  but  at  present  the  diet,  in  quantity  and  quality, 
is  rather  better  than  that  to  which  the  average  prisoner 
is  accustomed  before  conviction.  As  a  means  of  occasional 
and  special  punishment,  however,  scanty  fare  is  still  used. 


Kansas  employs  its  convicts  in  two  ways  :  di- 
rectly for  the  State,  as  in  mining  coal  at  the  penitentiary 
shaft,  or  in  various  kinds  of  labor  about  the  institution 
itself;  or  by  hiring  the  convicts  on  contracts  to  those 
who  will  use  them  in  some  industry  carried  on  inside  the 
prison  walls.  In  this  way  the  prisoners  are  kept  busy, 
have  an  opportunity  of  earning  something  for  themselves, 
and  can  make  the  institution  in  a  measure,  if  not  entirely, 
self-supporting.  The  women,  always  quite  few  in  num- 
ber, are  confined  in  separate  quarters,  and  employed  in 
work  connected  directly  with  the  institution. 

Effort  is  put  forth  iu  several  directions  to  reform  the 
convicts.  The  statute  requires  that  three  hundred  dollars 
shall  be  spent  each  year  for  books  for  their  use.  The 
chaplain  is  expected  to  do  a  great  deal  towards  instruct- 
ing them  and  guiding  them  to  a  better  life.  They  are 
taught  some  useful  trade,  which  they  may  follow  when 
they  are  again  free.  A  small  per  cent,  of  their  wages  is 
laid  aside  to  be  given  them  when  they  are  discharged  ; 


72  Local  Government  in  Kansas. 

which  savings  may  be  forfeited  by  bad  conduct.  Good 
conduct  entitles  a  convict  to  a  deduction  of  three  days 
per  month  for  the  first  year,  six  days  per  month  for  the 
second  year,  and  eight  days  per  month  for  each  year 
thereafter.  All  these  measures  tend  to  encourage  the 
prisoner  to  reform  and  to  prepare  for  a  better  use  of  his 
freedom  when  it  comes.  It  is  gratifying  to  know  that 
they  are  successful  in  the  greater  number  of  cases. 

168.  The  State  Reform  School  is  near  Topeka,  on  a 
farm  of  a  hundred  and  sixty  acres.     It  is  under  the  gen- 
eral oversight  of  the  State  Board  of  Trustees  of  Chari- 
table Institutions ;  and  in  special  charge  of  a  Superin- 
tendent, Matron,  and  other  and  usual  officers  and  teachers. 
Boys  under  sixteen  years  of  age  whose  sentence  renders 
them  liable  to  imprisonment,  or  who  lead  a  vagrant  life 
and  cannot  be  controlled  by  parents  or  guardians,  may 
be  sent  to  this  school.     There  they  remain  till  they  are 
twenty-one  years  of  age,  unless  discharged  or  bound  as 
apprentices.      They  are  given  general  instruction,  are 
taught  to  labor,  and  are  placed  under  all  influences  that 
the  State  can  control  which  may  lead  to  reform. 

The  State  Industrial  School  for  Girls  is  located  at  Be- 
loit.  Its  purposes  and  management  are  similar  to  those 
of  the  State  Reform  School. 

These  schools  are  an  outgrowth  of  the  feeling  already 
referred  to  that  young  offenders  should  not  be  confined 
with  more  experienced  and  hardened  criminals. 

169.  The  State  Reformatory  is  located  at  Hutchinson, 
and  is  intended  for  older  male  convicts  who  are  not  known 
to  have  been  sentenced  to  State's  prison,  in  this  State  or 
elsewhere.     They  must  be  between  the  ages  of  sixteen 
and  twenty-five.     As  the  name  indicates,  it  is  hoped 


Land  Surveys.  73 


that  those  not  yet  hardened  in  crime  may  be  reformed 
by  wise  and  kind  treatment.  The  managers  may  use 
either  farm  work  or  mechanical  industry  as  part  of  the 
means  for  securing  good  habits  and  a  better  life.  The 
general  management  is  much  like  that  of  the  penitentiary. 

17O.  Conclusion. — We  have  learned  much  during  the 
last  half  century  about  the  proper  and  wise  treatment 
of  criminals ;  but  the  great  problem  for  all  good  citizens 
to  aid  in  solving  is  how  to  lessen  or  prevent  crime.  Un- 
doubtedly a  proper  study  of  this  question  will  show  us 
thai  the  only  method  is  to  go  right  into  the  families  of 
the  vicious,  and  separate  children,  at  an  early  age,  from 
criminal  parents;  placing  them  under  influences  that 
tend  to  honest  and  industrious  lives.  Just  how  this  can 
best  be  done,  if  at  all,  is  yet  to  be  determined. 


LAND   SURVEYS. 

171.  Prelude. — The  National  Government  has  adopt- 
ed a  system  of  surveying  the  public  lands  which  touches 
the  every-day  life  of  all  citizens  so  closely  as  to  deserve 
some  explanation.  In  this  State,  as  in  all  Western 
States,  nearly  all  lands  outside  of  cities  is  described  (or 
bounded)  and  bought  and  sold  according  to  this  public 
or  Government  Survey.  Every  resident,  therefore,  should 
know  something  of  the  system,  and  of  the  meaning  of 
the  terms  used  in  connection  with  it. 


74  Local  Government  in  Kansas. 

172.  Principal  Meridian. — Choosing    some    natural 
and  permanent  point,  as  the  junction  of  two  rivers  or  a 
solitary  hill  or  mountain,  the  surveyors  run  a  line  north 
or  south  from  this  point,  called  the  initial  point.     This 
line  is  called  the  principal  meridian.     In  the  Govern- 
ment system,  the  first  of  these  is  the  western  boundary 
of  Ohio.      The  sixth  is  the  meridian  for  Kansas;  and 
is  the  west  line  of  Washington,  Clay,  Dickinson,  and 
Marion  counties. 

173.  Base  Line. — Crossing    the   principal   meridian 
at  right  angles,  that  is,  running  east  and  west,  is  a  line 
known  as  the  base  line.     The  base  line  for  Kansas  is  the 
northern  boundary  of  the  State. 

174.  Range  Lines. — Six  miles  east  of  the  principal 
meridian  another  north  and  south  line  is  run ;  and  six 
miles  east  of  that,  another ;  and  so  on.     Similar  lines 
are  run  on  the  west  of  the  principal  meridian.     These 
are  called  range  lines. 

175.  Township  Lines. — Six  miles  north  of  the  base- 
line another  east  and  west  line  is  run ;  and  six  miles 
north  of  that,  another ;  and  so  on.    Similar  lines  are  run 
on  the  south  of  the  base  line.     These  are  called  town- 
ship lines. 

176.  Townships. — The  crossing  of  the  east  and  west 
lines  with  the  north  and  south  lines  divides  the  country 
surveyed  into  townships.     These  would  be  exactly  six 
miles  square  but  for  the  fact  that,  because  of  the  shape 
of  the  earth,  all  the  north  and  south  lines  meet  at  the 
pole,  and  hence  are  always  coming  nearer  and  nearer  to- 
gether.    This  is  called  the  convergence  of  the  meridians. 


Land  Surveys. 


75 


177.  Correction  lAnes. — To  correct  this,  and  to  make 
the  townships  as  nearly  equal  in  size  as  possible,  every 
fifth  parallel  from  the  base  is  called  a  standard  parallel, 
or  a  correction  line.     On  this   line  the   surveyor   once 
more  measures  the  exact  distance  between  the  north 
and  south. lines,  placing  them  just  six  miles  apart. 

178.  The  entire  system  is  shown  in  the  following 
diagrams : 

FIG.  1. 

87654321P1234567 


M 


In  Figure  1,  PM  =  the  principal  meridian.     BL  =  the  base  line. 

The  description  of  A  would  be  written  T.  5  N.,  R.  3  E. ;  and  would 
mean  the  township  in  the  fifth  tier  north  of  the  base  line,  and  in  the 
third  range  of  townships  east  of  the  principal  meridian.  So  D  would 
be  T.  2  S.,  R.  5  E. ;  and  C  would  be  T.  4  S.,  R.  7  W. 

In  Kansas  there  are  twenty-five  east  ranges,  and  forty-three'  west 
ranges.  There  are  thirty-five  rows  of  townships,  all  of  which  are  "  south," 
as  the  base  line  coincides  with  the  north  line  of  the  State. 


76 


Local  Government  in  Kansas. 


FIG.  2. 


r 

; 

I 

i  I 

I 

2 

2 

2 

2 

t 

2 

r 

r 

r 

r 

r 

r 

t 

.  r 

M 

In  Figure  2,  PM  =  principal  meridian.  BL  =  the  base  line.  CL 
=  the  correction  line,  rl  =  the  range  lines.  1-2  =  the  range  lines 
as  corrected.  The  distance  between  the  corners  which  have  been  run 
(or  determined  by  the  range  lines)  and  the  corners  found  by  exact 
measurement  from  the  principal  meridian  on  the  correction  line,  in- 
creases as  one  goes  from  the  principal  meridian ;  varying  from  a  few 
rods  near  the  meridian  to  about  a  mile  on  the  west  side  of  the  State. 

179.  Sect/ions. — Each  township  is  divided  into  square 
miles,  containing  six  hundred  and  forty  acres,  and  called 
sections.  Each  regular  township  has  thirty-six  of  these 
sections,  which  are  known  by  their  numbers.  Beginning 
at  the  north-east  corner  of  the  township,  the  numbers 
run  west — 1,  2,  3,  4,  5,  6 ;  and  then  east  on  the  next 
lower  tier,  7,  8,  9,  etc. ;  then  west  again ;  and  so  on. 


Sections.  77 

Each  section  is  divided  into  four  quarter  sections; 
each  quarter  section  into  two  half -quarter  sections  ;  and 
each  half-quarter  section  into  two.  quarter -quarter  sec- 
tions.  These  are  called  legal  divisions,  and  are  the  only 
divisions  recognized  by  the  government.  The  following 
diagrams  will  explain  these  divisions: 

FIG.  1. 
T.  5  S.,  R.  4  E. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

2° 

24 

30 

29 

28 

27 

26 

25 

81 

32 

33 

34 

35 

36 

Figure  1  shows  the  method  of  numbering  sections.  Figure  2  shows 
the  divisions  of  sections.  The  square  A  would  be  the  south-west  quar- 
ter of  Section  16  ;  or,  as  it  is  generally  written,  SW4,  Sec.  16.  B  would 
be  described  as  NW*  of  NW«,  Sec.  16 ;  G  would  be,  W2  of  NE*,  Sec.  16 ; 
and  so  on.* 

It  must  be  remembered  that  navigable  rivers,  lakes, 
and  similar  natural  obstructions  may  prevent  entire  reg- 
ularity in  surveys  or  equality  in  townships  or  sections. 


*  Scholars  should  use  the  blackboard  frequently,  platting  from  given  descriptions 
and  describing  given  plats. 


78 


Local  Government  in  Kansas. 


FIG.  2. 
Section  16. 


B 
10 


40 


40 


40 


A 

160 


80 


80 


80 


Title  to  land  must  begin  with  a  deed,  called  a  patent, 
from  the  United  States ;  or  from  the  State,  as  in  the  case 
of  school  lands. 


NATIONAL  AFFAIRS. 

ISO.  While  not  strictly  connected  with  local  gov- 
ernment, there  are  certain  officers  and  organizations  in 
which  we  have  a  peculiar  local  interest. 

First  might  be  mentioned  the  Presidential  Electors, 
Of  these  the  State  is  entitled  to  as  many  as  it  has  both 
Senators  and  Eepresentatives — at  present,  nine.  One  is 
elected  for  each  Representative  District,  and  two  are 


National  Affairs.  79 


chosen  for  the  State  at  large.  They  meet  at  Topeka,  on 
the  first  Wednesday  of  the  December  next  after  their 
election,  and  at  twelve  o'clock,  noon,  cast  their  ballots 
for  President  and  Vice-President,  as  prescribed  by  the 
National  Constitution.*  No  Senator  or  Eepresentative, 
or  person  holding  any  office  of  trust  or  profit  under  the 
United  States,  can  act  as  an  Elector. 

181.  United  States  Senators  are  elected  by  the  State 
Legislature  as  follows :  On  the  second  Tuesday  after  the 
meeting  of  the  Legislature,  each  House  names  a  person 
for  Senator  by  a  viva  voce  vote.     The  next  day,  at  noon, 
the  two  Houses  meet  in  what  is  called  &  joint  session;  and 
if  the  same  person  has  received  a  majority  of  all  the 
votes  in  each  House,  he  is  declared  duly  elected.    If  not, 
the  joint  session  chooses  by  a  viva  voce  vote,  and  whoever 
receives  a  majority  of  all  the  votes  cast  (a  majority  of 
each   House   being    present)  is    declared  elected.     The 
joint  session  must  meet  and  take  at  least  one  vote  each 
day  till  a  Senator  is  elected.     Each  State  in  the  Union 
has  two  Senators.   A  Senator's  term  of  office  is  six  years. 
A  Senator  must  be  at  least  thirty   years  of  age,  must 
have  been  nine  years  a  citizen  of  the  United  States,  and 
must  be  at  the  time  of  his  election  an  inhabitant  of  the 
State  for  which  he  is  chosen. 

182.  Representatives,  or  Congressmen,  are  elected  by 
the  people,  and  are  voted  for  in  what  are  known  as  Con- 
gressional Districts.     Each  State  is  entitled  to  as  many 
Representatives  as  the  quotient  obtained  by  dividing  the 
population  of  the  State  by  151,912,  a  divisor  established 


*  For  a  full  discussion  of  national  affairs,  students  should  turn  to  the 
Constitution  of  the  United  States,  which  is  given,  with  a  careful  analy- 
sis, in  the  special  Kansas  edition  of  Berard's  United  States  History. 


80  Local  Government  in  Kansas. 

by  Congress,  and  called  the  Ratio  of  Representation.  To 
each  of  the  States  having  the  largest  remainders  one  Rep- 
resentative is  assigned  till  the  whole  number  of  Congress- 
men (325)  has  been  secured. 

The  State  Legislature  determines  the  boundaries  of 
the  Districts. 

Congressmen  are  elected  at  the  General  Election  of 
S'ate  and  County  officers,  on  the  even  years.  The  term 
of  office  is  two  years.  A  Representative  must  be  at  least 
twenty-five  years  of  age,  must  have  been  seven  years  a 
citizen  of  the  United  States,  and  must  be  an  inhabitant 
of  the  State  for  which  he  is  chosen.  Nothing  in  the 
Constitution  prescribes  that  he  shall  be  a  resident  of  the 
District  for  which  he  is  chosen ;  but  this  has  been  the 
custom,  and  it  has  become  a  law  of  usage  that  it  would 
be  very  difficult  to  violate. 

183.  The  United  States  District  Court  for  this  State 
sits  at  Topeka  and  Leaven  worth,  and  at  Wichita  for 
criminal  3ases.     Its  officers  are  the  District  Judge,  hold- 
ing office  during  life  or  good  behavior;  the  District  At- 
to'-ney,  who  represents  the  National  Government  as  the 
County  Attorney  does    the  county;    and   the  Marshal, 
whose  powers  and  duties  are  similar  to  those  of  a  Sheriff. 
These  three  officers  are  appointed  by  the  President  and 
confirmed  by  the  Senate. 

184.  The    United  States  Circuit  Court  for  this  State 
sits  at  Topeka  and  Leavenworth.     One  of  the  Justices 
of  the  United  States  Supreme  Court  is  allotted  to  this 
circuit,  which  includes  Kansas  and  several  other  States. 
There  is  also  appointed  for  the  circuit  a  Circuit  Judge, 
with  the  same  general  powers  in  the  circuit  as  a  Justice 
of  the  Supreme  Court.     The  Circuit  Court  may  be  held 


National  Affairs.  81 


by  the  Circuit  Justice,  or  by  the  Circuit  Judge,  or  by 
the  District  Judge  sitting  as  Circuit  Judge,  or  by  any 
two  of  these  sitting  together. 

Each  of  these  courts  appoints  its  own  Clerk. 

The  District  Attorney  and  Marshal  are  officers  of  both 
courts. 

The  greater  number  of  cases  coming  before  these  Fed- 
eral Courts  are  those  in  which  the  United  States  is  a 
party,  or  cases  between  citizens  of  another  State  and  cit- 
izens of  this  State. 

185.  Naturalization  is  the  process  by  which  an  alien 
becomes  a  citizen.*  Aliens  are  those  born  in  a  foreign 
country.  The  word  includes  men,  women,  and  children. 
After  living  here  a  certain  time,  an  alien  may  become 
a  citizen.  Congress  prescribes  the  method.  The  alien 
must  have  lived  in  this  country  at  least  five  years.  But 
at  least  two  years  before  he  can  become  naturalized,  he 
must  declare  on  oath  before  some  court  that  he  wishes 
to  be,  and  intends  to  be,  a  citizen.  W  hen  any  court  to 
which  he  may  apply  is  satisfied  that  he  has  been  in  this 
country  five  years,  and  one  year  in  the  State  where  the 
court  is  held,  and  has  behaved  as  a  man  of  good  moral 
character,  and  has  duly  made  his  declaration,  it  may 
admit  him  as  a  citizen.  He  renounces  his  allegiance  to 
his  native  land,  and  swears  to  support  the  Constitution 
of  the  United  States. 

An  alien  residing  in  this  country  three  years  next 
preceding  his  becoming  twenty-one,  and  who  has  resided 

*  The  right  to  vote  is  another  and  a  separate  matter.  The  States  reg- 
ulate voting ;  the  United  States,  naturalization.  Kansas  permits  an 
alien  to  vote  under  certain  conditions.  See  note  to  page  7. 


82  Local  Government  in  Kansas. 

here  five  years  in  all,  may  be  naturalized  without  pre- 
vious declaration. 

A  soldier  who  is  at  least  twenty-one  years  of  age, 
regularly  discharged  from  the  United  States  army,  may 
be  admitted  without  declaration,  and  with  but  a  single 
year's  residence. 


ANALYSIS 

OF   THE 

STATE  CONSTITUTION. 


f  Constitution  Established,  1.* 
How  Amended,  144,  145. 


90 


Bill  of 
Rights. 


Affirms 


Prohibits 


Guarantees  - 


Defines 


Equal  and  inalienable  rights,  i. 
All  political  pmver  in  the  people,  S. 
People  may  assemble,  and  petition,  k 
May  bear  arms,  5. 

Powers  not  delegated  remain  with  the 
people,  21. 

Religious  liberty,  8. 
Liberty  of  the  press,  12. 
Security  against  illegal  fearch  or  seiz- 
ure, 16. 
Bail,  10. 

Justice  without  delay,  11, 19. 
Trial  and  defense,  11. 
•  Trial  by  jury,  6. 

Slavei-y.  7. 

Transportation,  IS. 

Attainder,  IS. 

Imprisonment  for  debt,  17. 

Religious  test    or  properly  qualifica- 
tion, 8. 

Hereditary  honors  or  privileges,  20. 

Distinction  between  citizen  and   alien 
property,  18. 

Irrevocable  grants  of  special  privileges, 
S. 

Suspension  of  habeas  corpus,  9. 

Excessive  bail,  10. 

Twice  in  jeopardy,  11. 

Witnessing  against  one's  self,  11. 
'(_  Quartering  of  soldiers,  15. 

Treason,  Ik. 


*  The  numbers  refer  to  paragraphs  of  the  Constitutiou. 

83 


84 


Analysis  of  the  State  Constitution. 


•II 


If  iu- his  of  Women,  151. 
Homestead,  154. 
State  Capital,  153. 
Public  Officers,  146,  147. 
Public  Accounts,  150. 
State  Printer,  149. 

prohibits. 


Departments  of 
Government* 


Executive,  22-37. 

f  Senate,  i 

Leyislative.  \  House  of  Repre- 

(     sentatives,        J 

Judicial,  67-86. 


'  Officers,  22. 

Wlien  chosen,  22,  23,  88. 

How  chosen, 

22,  23,  87. 

. 

General 
Provisions. 

JSy  whom  chosen,  89,  9O,  91,  93,  94. 
Oath  of  office,  44. 
Term,  22. 

«d 

Salary,  36. 

. 

^ 

Reports,  37. 

3 

I.  Removals,  65,  64. 

6, 

(miffibiliti/,31. 

|, 

Executes  the  laws,  2k. 

Over  other  officers.  25. 

ft    • 

Over  legislature,  26,  27. 

^ 

Governor. 

Powers  and 
duties. 

Veto,  61. 
Appointments,  55,  105,  107 
Commissions,  30. 

•<* 

Militia,  119. 

^ 

Pardons,  28. 

•»- 

.  State  Seal,  99. 

%) 

Vacancy,  32,  34. 

Lieutenant 
Governor 


t«     f  Presii 
'.      I  Secoi: 


dent  of  Senate,  33. 
Governor,  32. 


Vacancies  in  Other  Offices,  35. 


Analysis  of  the  State  Constitution. 


85 


f  Number,  39. 

Senate.          -I    Impeachment,  64. 
I    Appointments,  1O5. 


House. 


Number,  39. 
Impeachment,  64. 


Provisions 

Common  to 

Both. 


Authority,  38. 
Qualifications,  41,  42,  43. 
Election,  87,  88. 
Oath  of  office,  44. 
Term,  66. 
Compensation,  4O. 
Privileges  of  members,  59. 
Vacancies,  42,  46. 
Sessions,  62. 
Quorum — Rules,  45. 
May  originate  bills,  49. 
Journal,  47. 
yeas  and  nays,  47. 


General 
Powers. 


f  Suffrage,  92. 

Census,  63. 

Apportionment,  1 19. 

Taxation,  121-124. 

State  Debt,  125,  126. 

May  borrow  money,  127. 

County  Tribunals,  58. 

Counties  and  Towns,  113-117, 

Municipalities,  133. 

Public  Officers,  146,  147. 

State  Pi-inter,  149. 

Corporations,  129-134. 

Hanks,  135-143. 

Education,  97. 

Militia,  11O. 
I  Constitutional  Amendments,  144, 14S 


Prohibitions. 


Sex  distinction  in  schools,  6O. 
Appropriations,  61. 
Internal  improvements,  128. 
Corporations,  12i). 
Hanks,  135. 


86 


Analysis  of  the  State  Constitution. 


L3     » 

H3 


Law-Making. 


Bills,  49. 

Enacting  Clause,  57 • 
Mil Nt  have  but  one  subject ,53. 
Reading,  52. 
1 1  a  i  r  bills  are  passed,  SO. 
If  vetoed,  51. 
Acts  take  effect,  56. 
Uniform  law — general  laws,  54. 


Wliere  Vested,  67. 
Judicial  Districts,  80,  84, 

Election,     ") 

General 
Provisions. 


Judges. 

Minor 
Officers. 

Jurisdiction. 


Vacancy,    j 

Term,  78. 

Style  of  Process,  83. 


Supreme  Court,  68.  \  Salaries.  79. 
District  Court,  71.  >  Removals,  81. 
Probate  Court,  74. 
Justices  of  the  Peace,  75. 
Pro  Tern. (District  Court),  86. 


(  Siipi 
I   Dial 


reme  Court,  7O. 
rict  Court,  73. 


Supreme  Court,  69. 
District  Court,  72. 
Probate  Court,  1-i. 


At  chambers,  89. 


Suifrage. 


Education. 


Qualifications,  89. 
Proof  of  these,  92. 
Disqualifications,  9O,  91,  53,  94. 
Residence,  9 1. 
(.  Privileges  of  electors,  95. 


Establishment,  97. 

Common 

Maintenance,  98,  99,  101. 

Sc/tooln. 

Superintendence,  96. 

.  Control,  10S. 

Higher      [  Establishment,  97,  109. 
Schools,     i  Maintenance,  102. 

(.                         {  Control,  103. 

Analysis  of  the  State  Constitution. 


87 


cc 


- 
^ 


Benevolent,  1O5,  1O8. 


(  Benevolent, 

Public  Institutions,    j  Penal,  we. 


Counties  and  Towns. 


Corporations. 


Banks. 


Organisation,  113. 

W1iMt,114. 

Officers.         Term.  S  County,  115. 
<•  Town,  116. 
Itfiiturtils,  117. 
Representation,  118,  11O» 


Defined,  134. 
How  created,  129. 
Dues  from,  13O. 
Religious,  131. 
Municipal,  133. 
Right  of  way,  132. 

Established  by  general  laic,  135. 
When  law  in  force,  142. 
State  not  a  stocktiolder,  139, 
Officers,  14O. 

Denomination  of  notes,  141. 
Security  required,  136,  137. 
Redemption,  138. 


Militia. 


Defined,  1O9. 
Organization,  11O. 
Commander-in- Chief,  112. 
Officers,  111. 

Amendments,  144,  145. 


CONSTITUTION  OF  THE  STATE  OF  KANSAS. 


Preamble. 

1.  We,  the  people  of  Kansas,  grateful  to  Almighty  God 
for  our  civil  and  religious  privileges,  in  order  to  ensure  the 
full  enjoyment  of  our  rights  as  American  citizens,  do  ordain 
and  establish  this  Constitution  of  the  State  of  Kansas,  with 
the  following  boundaries,  to  wit:  "  beginning  at  a  point  on 
the  western  boundary  of  the  State  of  Missouri,  where  the 
thirty-seventh  parallel  of  north  latitude  crosses  the  same ; 
thence  running  west  on  said  parallel  to  the  twenty-fifth  me- 
ridian of  longitude  west  from  Washington  ;  thence  north  on 
said  meridian  to   the   fortieth  parallel  of  north   latitude ; 
thence  east  on  said  parallel  to  the  western  boundary  of  the 
State  of  Missouri ;  thence  south  with  western  boundary  of 
Baid  State  to  the  place  of  beginning." 

Bill  of  Rights. 

2.  All  men  are  possessed  of  equal  and  inalienable  natural 
rights,  among  which  are  life,  liberty,  and  the  pursuit  of  hap- 
piness. 

3.  All  political  power  is  inherent  in  the  people,  and  all 
free  governments   are  founded  on  their  authority,  and  are 
instituted  for  their  equal  protection  and  benefit.     No  special 
privileges  or  immunities  shall  ever  be  granted  by  the  Legis- 
lature, which  may  not  be  altered,  revoked  or  repealed  by  the 
same  body ;  and  this  power  shall  be  exercised  by  no  other 
tribunal  or  agency. 

4.  The  people  have  the  right  to  assemble  in  a  peaceable 
manner,  to  consult  for  their  common  good,  to  instruct  their 
representatives,  and  to  petition   the  government,  or  any  de- 
partment thereof,  for  the  redress  of  grievances. 

89 


90  Constitution  of  the  State  of  Kansas. 

5.  The  people  have  the  right  to  bear  arms  for  their  de- 
fence and  security  ;  but  standing  armies,  in  time  of  peace, 
are  dangerous  to  liberty,  and  shall  not  be  tolerated,  and  the 
military  shall  be  in  strict  subordination  to  the  civil  power. 

6.  The  right  of  trial  by  jury  shall  be  inviolate. 

7.  There  shall  be  no  slavery  in  this  State ;  and  no  invol- 
untary servitude,  except  for  the  punishment  of  crime,  where- 
of the  party  shall  have  been  duly  convicted. 

8.  The  right  to  worship  God,  according  to  the  dictates  of 
conscience,  shall  never  be  infringed ;  nor  shall  any  person 
be  compelled  to  attend  or  support  any  form  of  worship  ;  nor 
shall  any  control  of,  or  interference  with,  the  rights  of  con- 
science be  permitted,  nor  any  preference  be  given  by  law  to 
any  religious  establishment  or  mode  of  worship.     No  relig- 
ious test  or  property  qualification  shall  be  required  for  any 
office  of  public  trust,  nor  for  any  vote  at  any  election,  nor 
shall  any  person  be  incompetent  to  testify  on  account  of  re- 
ligious belief. 

9.  The  right  to  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  the  public  safety  requires  it  in  case  of  inva- 
sion or  rebellion. 

10.  All  persons  shall  be  bailable   by  sufficient   sureties, 
except  for  capital  offenses,  where  proof  is  evident  or  the  pre- 
sumption great.     Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  or  unusual  punishment 
inflicted. 

11.  In  all  prosecutions,  the  accused  shall  be  allowed  to 
appear  and  defend  in  person,  or  by  counsel ;  to  demand  the 
nature  and  cause  of  the  accusation  against  him ;  to  meet  the 
witness  face  to  face,  and  to  have  compulsory  process  to  com- 
pel the  attendance  of  witnesses  in  his  behalf,  and  a  speedy 
public  trial  by  an  impartial  jury  of  the  county  or  district 
in  which  the  offense  is  alleged  to  have  been  committed.     No 
person  shall  be  a  witness  against  himself,  or  be  twice  put  in 
jeopardy  for  the  same  offense. 


Constitution  of  the  Stale  of  Kansas.  91 

12.  The  liberty  of  the  press  shall  be  inviolate ;  and  all  per- 
Bons  may  freely  speak,  write  or  publish  their  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  such  right ; 
and  in  all  civil  or  criminal  actions  for  libel,  the  truth  may 
be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  that 
the  alleged  libellous   matter  was  published   for  justifiable 
ends,  the  accused  shall  be  acquitted. 

13.  No  person  shall  be  transported  from  the  State,  for  any 
offense  committed  within  the  same,  and  no  conviction  in  the 
State  shall  work  a  corruption  of  blood  or  forfeiture  of  estate. 

14.  Treason  shall  consist  only  in  levying  war  against  the 
State,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  evidence 
of  two  witnesses  to  the  overt  ant,  or  confession  in  open  court. 

15.  No  soldier  shall,  in  the  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  occupant ;  nor  in  time 
of  war,  except  as  prescribed  by  law. 

16.  The  right  of  the  people  to  be  secure  in  their  persons 
and  property  against  unreasonable  searches   and   seizures, 
shall  be  inviolate  ;  and  no  warrants  shall  issue  but  on  proba- 
ble cause,  supported  by  oath  or  affirmation,  particularly  de- 
scribing the  place  to  be  searched,  and  the  person  or  prop- 
erty to  be  seized. 

17.  No  person  shall  be  imprisoned  for  debt  except  in  cases 
of  fraud. 

18.  No  distinction  shall  ever  be  made  between  citizens  of  the 
State  of  Kansas  and  the  citizens  of  other  States  and  territories  of 
the  United  States  in  reference  to  the  purchase,  enjoyment  or  de- 
scent of  property.    The  rights  of  aliens  in  reference  to  the  pur- 
chase, enjoyment  or  descent  of  property  may  be  regulated  by  law. 

19.  All  persons,  for  injuries  suffered  in  person,  reputation 
or  property,  shall   have  remedy  by  due  course  of  law,  and 
justice  administered  without  delay. 

20.  No  hereditary  emoluments,  honors  or  privileges  shall 
ever  be  granted  or  conferred  by  the  State. 


92  Constitution  of  the  State  of  Kansas. 

21.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people ;  and  all  pow- 
ers not  herein  delegated  remain  with  the  people. 

ARTICLE  I.— Executive. 

22.  The  Executive  department  shall  consist  of  a  Governor, 
Lieutenant-Governor,  Secretary  of  State,  Auditor,  Treasurer, 
Attorney-General,  and  Superintendent  of  Public  Instruction ; 
who  shall  be  chosen  by  the  electors  of  the  State  at  the  time 
and  place  of  voting  for  members  of  the  Legislature,  and  shall 
hold  their  offices  for  the  term  of  two  years  from  the  second 
Monday  of  January,  next  after  their  election,  and  until  their 
successors  are  elected  and  qualified. 

23.  Until  otherwise  provided  by  law,  an  abstract  of  the 
returns  of  every  election,  for  the  officers  named  in  the  fore- 
going section,  shall    be  sealed  up  and  transmitted,  by  the 
clerks  of  the  Boards  of  Canvassers  of  the  several  counties,  to 
the  Secretary  of  State,  who,  with  the  Lieutenant-Governor 
and  Attorney-General,  shall  constitute  a  Board  of  State  Can- 
vassers, whose  duty  it  shall  be  to  meet  at  the  State  capitol 
on  the  second  Tuesday  of  December  succeeding  each  election 
for  State  officers,  and  canvass  the  vote  for  such  officers,  and 
proclaim  the  result ;  but  in  case  any  two  or  more  have  an 
equal  and  the  highest  number  of  votes,  the  Legislature  shall, 
by  joint  ballot,  choose  one  of  said  persons  so  having  an  equal 
and  the  highest  number  of  votes  for  said  office. 

24.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  a  Governor,  who  shall  see  that  the  laws  are  faith- 
fully executed. 

25.  He  may  require  information  in  writing  from  the  offi- 
cers in  the  Executive  department,  upon  any  subject  relating 
to  their  respective  duties. 

26.  He  may,  on  extraordinary  occasions,  convene  the  Leg- 
islature by  proclamation,  and  shall,  at  the  commencement  of 
every  session,  communicate,  in  writing,  such  information  as 


Constitution  of  the  State  of  Kansas.  93 

he  may  possess  in  reference  to  the  condition  of  the  State,  and 
recommend  such  measures  as  he  may  deem  expedient. 

27.  In  case  of  disagreement  between  the  two  Houses  in 
respect  to  the  time  of  adjournment,  he  may  adjourn  the  Leg- 
islature to  such  time  as  he  may  think  proper,  not  beyond  its 
regular  meeting. 

28.  The  pardoning  power  shall  be  vested  in  the  Governor, 
under  regulations  and  restrictions  prescribed  by  law. 

29.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept 
by  the  Governor,  and  used  by  him  officially  ;  and  which  shall 
be  the  great  seal  of  Kansas. 

30.  All  commissions  shall  be  issued  in  the  name  of  the 
State  of  Kansas ;  signed  by  the  Governor,  countersigned  by 
the  Secretary  of  State,  and  sealed  with  the  great  seal. 

31.  No  member  of  Congress,  or  officer  of  the  State,  or  of 
the  United  States,  shall  hold  the  office  of  Governor,  except 
as  herein  provided. 

32.  In   case  of  the  death,  impeachment,  resignation,  re- 
moval or  other  disability  of  the  Governor,  the  power  and 
duties  of  the  office  for  the  residue  of  the  term,  or  until  the 
disability  shall  be  removed,  shall  devolve  upon  the  President 
of  the  Senate. 

33.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  and  shall  vote  only  when  the  Senate  is  equally  di- 
vided.    The  Senate  shall  choose  a  President  pro  tempore,  to 
preside  in  case  of  his  absence  or  impeachment,  or  when  he 
shall  hold  the  office  of  Governor. 

34.  If  the  Lieutenant-Governor,  while  holding  the  office  of 
Governor,  shall  be  impeached,  or  displaced,  or  shall  resign,  or 
die,  or  otherwise  become  incapable  of  performing  the  duties  of 
the  office,  the  President  of  the  Senate  shall  act  as  Governor 
until  the  vacancy  is  filled  or  the  disability  removed  ;  and  if  the 
President  of  the  Senate,  for  any  of  the  above  causes,  shall  be 
rendered  incapable  of  performing  the  duties  pertaining  to 


94  Constitution  of  the  State  of  Kansas. 

the  office  of  Governor,  the   same   shall  devolve   upon   the 
Speaker  of  the  House  of  Representatives. 

35.  Should  either  the  Secretary  of  State,  Auditor,  Treas- 
urer, Attorney-General,  or  Superintendent  of  Public  Instruc- 
tion, become  incapable  of  performing  the  duties  of  his  office, 
for  any  of  the  causes  specified  in  the  thirteenth  section  (34) 
of  this  article,  the  Governor  shall  fill  the  vacancy,  until  the 
disability  is  removed,  or  a  successor  is  elected  and  qualified. 
Every  such  vacancy  shall  be  filled  by  election,  at  the  first 
general  election  thrit  occurs  more  than  thirty  days  after  it 
shall  have  happened  ;  and  the  person  chosen  shall  hold  the 
office  for  the  unexpired  term. 

36.  The  officers  mentioned  in  this  article  shall,  at  stated 
times,  receive  for  their  services  a  compensation,  to  be  estab- 
lished by  law,  which  shall  neither  be  increased  nor  dimin- 
ished during   the  period   for  which  they  shall  have  been 
elected. 

37.  The  officers  of  the  Executive  department,  and  of  all 
public  State  institutions,  shall,  at  least  ten  days  preceding 
each  regular  session  of  the  Legislature,  severally  report  to 
the  Governor,  who  shall  transmit  such  reports  to  the  Legis- 
lature. 

ARTICLE  XL-Legislative. 

38.  The  Legislative  power  of  this  State  shall  be  vested  in 
a  House  of  Representatives  and  Senate. 

39.  The  number  of  Representatives  and  Senators  shall  be 
regulated  by  law,  but  shall  never  exceed  one  hundred  and 
twenty-five  Representatives  and  forty  Senators.     From  and 
after  the  adoption  of  the  Amendment  (1873),  the  House  of 
Representatives  shall  admit  one  member  from  each  county, 
in  which  at  least  two  hundred  and  fifty  legal  votes  were  cast 
at  the  next  preceding  general  election ;  and  each  organized 
county  in  which  less  than  two  hundred  legal  votes  were  cast 
at  the  next  preceding  general  election  shall  be  attached  to 


Constitution  of  the  /Stale  of  Kansas.  95 

and  constitute  a  part  of  the  Representative  District  of  the 
county  lying  next  adjacent  to  it  on  the  east. 

40.  The  members  of  the  Legislature  shall  receive,  as  com- 
pensation for  their  services,  the  sum  of  three  dollars  for  each 
day's  actual  service  at  any  regular  or  special  session,  and  fif- 
teen cents  for  each  mile  travelled  by  the  usual  route  in  going 
to  and  returning  from  the  place  of  meeting ;  but  such  com- 
pensation shall  not  in  the  aggregate  exceed  the  sum  of  two 
hundred  and  forty  dollars  for  each  member,  as  per  diem  al- 
lowance for  the  first  session  held  under  this  Constitution,  nor 
more  than  one  hundred  and  fifty  dollars  for  each  session  there- 
.after,  nor  more  than  ninety  dollars  for  any  special  session. 

41.  No  person  shall  be  a  member  of  the  Legislature  who 
is  not,  at  the  time  of  his  election,  a  qualified  voter  of,  and 
resident  in,  the  county  or  district  for  which  he  is  elected. 

42.  No  member  of  Congress  or  officer  of  the  United  States 
shall  be  eligible  to  a  seat  in  the  Legislature.     If  any  person, 
after  his  election  to  the  Legislature,  be  elected  to  Congress, 
or  elected  or  appointed  to  any  office  under  the  United  States, 
his  acceptance  thereof  shall  vacate  his  seat. 

43.  No  person  convicted  of  embezzlement  or  misuse  of  the 
public  funds  shall  have  a  seat  in  the  Legislature. 

44.  All  State  officers,  before  entering  upon  their  respective 
duties,  shall  take  and  subscribe  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States  and  the  Con- 
stitution of  this  State,  and  faithfully  to  discharge  the  duties 
of  their  respective  offices. 

45.  A  majority  of  each  House  shall  constitute  a  quorum. 
Each  House  shall  establish  its  own  rules,  and  shall  be  judge  of 
the  elections,  returns,  and  qualifications  of  its  own  members. 

46.  All  vacancies  occurring  in  either  House  shall  be  filled 
for  the  unexpired  term  by  election. 

47.  Each  House  shall  keep  and  publish  a  journal  of  its 
proceedings.     The  yeas  and  nays  shall  be  taken  and  entered 


96  Constitution  of  the  State  of  Kansas. 

immediately  on  the  journal,  upon  the  final  passage  of  every 
bill  or  joint  resolution.  Neither  House,  without  the  consent 
of  the  other,  shall  adjourn  for  more  than  two  days,  Sundays 
excepted. 

48.  Any  member  of  either  House  shall  have  the  right  to 
protest  against  any  act  or  resolution ;  and  such  protest  shall, 
without  delay  or  alteration,  be  entered  on  the  journal. 

49.  Bills  may  originate   in   either   House,  but   may  be 
amended  or  rejected  by  the  other. 

50.  A  majority  of  all  the  members  elected  to  each  House, 
Voting  in  the  affirmative,  shall  be  necessary  to  pass  any  bill 
or  joint  resolution. 

51.  Every  bill  and  joint  resolution  passed  by  the  House  of 
Representatives  and  Senate  shall,  within  two  days  thereafter, 
be  signed  by  the  presiding  officers,  and  presented  to  the  Gov- 
ernor ;  if  he  approve,  he  shall    sign  it ;  but  if  not,  he  shall 
return  it  to  the  House  of  Representatives,  which  shall  enter 
the  objections  at  large  upon  its  journal,  and  proceed  to  recon- 
sider the  same.     If,  after  such  reconsideration,  two-thirds  of 
the  members  elected  shall  agree  to  pass  the  bill  or  resolution, 
it  shall  be  sent,  with  the  objections,  to  the  Senate,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two- 
thirds  of  all  the  members  elected,  it  shall  become  a  law. 
But  in  all  such  cases,  the  vote  shall  be  taken  by  yeas  and 
nays,  and  entered  upon  the  journals  of  each  House.     If  any 
bill  shall  not  be  returned  within  three  days  (Sundays excepted) 
after  it  shall  have  been  presented  to  the  Governor,  it  shall 
become  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  Legislature,  by  its  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  become  a  law. 

52.  Every  bill  shall  be  read  on  three  separate  days  in  each 
House,  unless  in  case  of  emergency.    Two-thirds  of  the  House 
where  such  a  bill  is  pending  may,  if  deemed  expedient,  sus- 
pend the  rules;  but  the  reading  of  the  bill  by  section,  on  its 
final  passage,  shall  in  no  case  be  dispensed  with. 


Constitution  of  the  titate  of  Kansas.  97 

53.  No  bill  shall  contain  more  than  one  subject,  which 
shall  be  clearly  expressed  in  its  title,  and  no  law  shall  be 
revived  or  amended,  unless  the  new  act  contain  the  entire 
act  revived,  or  the  section  or  sections  amended,  and  the  sec- 
tion or  sections  so  amended  shall  be  repealed. 

54-.  All  laws  of  a  general  nature  shall  have  a  uniform  op- 
eration throughout  the  State  ;  and  in  all  cases  where  a  general 
law  can  be  made  applicable,  no  special  law  shall  be  enacted. 

55.  All  power  to  grant  divorces  is  vested  in  the  District 
Courts,  subject  to  regulation  by  law. 

56.  The  Legislature  shall  prescribe  the  time  when  its  acts 
shall  be  in  force,  and  shall  provide  for  the  speedy  publication 
of  the  same  ;  and  no  law  of  a  general  nature  shall  be  in  force 
until  the  same  be  published.    It  shall  have  the  power  to  pro- 
vide for  the  election  or  appointment  of  all  officers,  and  the 
filling  of  all  vacancies  not  otherwise  provided  for  in  this 
Constitution. 

57.  The  enacting  clause  of  all  laws  shall  be,  "  Be  it  enacted 
by  the  Legislature  of  the  State  of  Kansas,"  and  no  law  shall 
be  enacted  except  by  bill. 

58.  The  Legislature  may  confer  upon  tribunals  transacting 
the  county  business  of  the  several  counties  such  powers  of 
local  legislation  and  administration  as  it  shall  deem  expedient. 

59.  For  any  speech  or  debate  in  either  House,  the  mem- 
bers shall  not  be  questioned  elsewhere.     No  member  of  the 
Legislature  shall  be  subject  to  arrest — except  for  felony  or 
breach  of  the  peace — in  going  to  or  returning  from  the  place 
of  meeting,  or  during  the  continuance  of  the  session  ;  neither 
shall  he  be  subject  to  the  service  of  any  civil  process  during 
the  session,  nor  for  fifteen  days  previous  to  its  commencement. 

60.  The  Legislature,  in  providing  for  the  formation  and 
regulation  of  schools,  shall  make  no  distinction  between  the 
rights  of  males  and  females. 

7 


98  Constitution  of  the  Stale  of  Kansas. 

61.  No  money  shall  be  drawn  from  the  treasury,  except  in 
pursuance  of  a  specific  appropriation  made  by  law,  and  no 
appropriation  shall  be  for  a  longer  term  than  two  years. 

62.  All  sessions  of  the  Legislature  shall  be  held  at  the 
State  capital,  and,  beginning  with  the    session  of  eighteen 
hundred  and  seventy-seven,  all  regular  sessions  shall  be  held 
once  in  two  years,  commencing  on  the  second  Tuesday  of 
January  of  each  alternate  year  thereafter. 

63.  The  Legislature  shall  provide  for  taking  an  enumera- 
tion of  the  inhabitants  of  the  State,  at  least  once  in  ten  years. 
The  first  enumeration  shall  be  taken  in  A.  D.  1865. 

64.  The    House  of   Representatives   shall   have   the   sole 
power  to  impeach.     All  impeachments  shall  be  tried  by  the 
Senate,  and,  when  sitting  for  that  purpose,  the- Senators  shall 
take  an  oath  to  do  justice  according  to  the  law  and  the  evi- 
dence.   No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  Senators  elected. 

65.  The  Governor  and  all  other  officers  under  this  Consti- 
tution shall  be  subject  to  impeachment  for  any  misdemeanor 
in  office  ;  but  judgment  in  all  such  cases  shall  not  be  extended 
further  than  to  removal   from  office,  and  disqualification  to 
hold  any  office  of  profit,  honor,  or  trust,  under  this  Constitu- 
tion ;  but  the  party,  whether  convicted  or  acquitted,  (Oaall  be 
liable  to  indictment,  trial,  judgment,  and  punishment,  accord- 
ing to  law. 

66.  At  the  general  election  held  in  eighteen  hundied  and 
seventy-six,  and  thereafter,  members  of  the  House  of  Repre- 
sentatives shall  be  elected  for  two  years,  and  member'  of  the 
Senate  shall  be  elected  for  four  years. 

ARTICLE  III.— Judicial. 

67.  The  Judicial  power  of  this  State  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  Probate  Courts,  Justices  of 
the  Peace,  and  such  other  courts,  inferior  to  the  Supreme 


Constitution  of  the  Stale  of  Kansas.  99 

Court,  as  may  be  provided  by  law  ;  and  all  courts  of  record 
shall  have  a  seal,  to  be  used  in  the  authentication  of  all 
process. 

68.  The  Supreme  Court  shall  consist  of  one  Chief  Justice 
and  two  Associate  Justices  (a  majority  of  whom  shall  consti- 
tute a  quorum),  who  shall  be  elected  by  the  electors  of  the 
State  at  large,  and  whose  term  of  office,  after  the  first,  shall 
be  six  years.  At  the  first  election  a  Chief  Justice  shall  be 
chosen  for  six  years,  one  Associate  Justice  for  four  years,  and 
one  for  two  years. 

60.  The  Supreme  Court  shall  have  original  jurisdiction  in 
proceedings  in  quo  warranto,  mandamus,  and  habeas  corpus; 
and  such  appellate  jurisdiction  as  may  be  provided  by  law. 
It  shall  hold  one  term  each  year  at  the  seat  of  government, 
and  such  other  terms  at  such  places  as  may  be  provided  by 
law,  and  its  jurisdiction  shall  be  co-extensive  with  the  State. 

70.  There  shall  be  appointed  by  the  Justices  of  the  Su- 
preme Court,  a  Reporter  and  Clerk  of  said  Court,  who  shall 
hold  their  offices  two  years,  and  whose  duties  shall  be  pre- 
scribed by  law. 

71.  The  State  shall  be  divided  into  five  judicial  districts, 
in  each  of  which  there  shall  be  elected,  by  the  electors  thereof, 
a  District  Judge,  who  shall  hold  his  office  for  the  term  of  four 
years.    District  Courts  shall  be  held  at  such  times  and  places 
as  may  be  provided  by  law. 

72.  The  District  Courts  shall  have  such  jurisdiction  in  their 
respective  districts  as  may  be  provided  by  law. 

73.  There  shall  be  elected,  in  each  organized  county,  a 
Clerk  of  the  District  Court,  who  shall  hold  his  office  for  two 
years,  nnd  whose  duties  shall  be  prescribed  by  law. 

74.  There  shall  be  a  Probate  Court  in  each  county,  which 
shall  be  a  court  of  record,  and  have  such  probate  jurisdiction 
and  care  of  estates  of  deceased  persons,  minors  and  persons 
of  unsound  minds,  as  may  be  prescribed  by  law,  and  shall 


100  Constitution  of  the  State  of  Kansas. 

have  jurisdiction  in  cases  of  habeas  corpus.  This  court  shall 
consist,  of  one  Judge,  who  shall  be  elected  by  the  qualified 
voters  of  the  county,  and  hold  his  office  for  two  years.  He 
shall  be  his  own  clerk,  and  shall  hold  court  at  such  times, 
and  receive  for  compensation  such  fees  as  may  be  prescribed 
by  law. 

75.  Two  Justices  of  the  Peace  shall  be  elected  in  each  town- 
ship, whose  term  of  office  shall  be  two  years,  and  whose  powers 
and  duties  shall  be  prescribed  by  law.     The  number  of  Jus- 
tices of  the  Peace  may  be  increased  in  any  township  by  law. 

76.  All  appeals  from  Probate  Courts  and  Justices  of  the 
Peace  shall  be  to  the  District  Court. 

77.  All  the  judicial  officers  provided  for  by  this  article  shall 
be  elected  at  the  first  election  under  this  Constitution,  and  shall 
reside  in  their  respective  townships,  counties  or  districts  dur- 
ing their  respective  terms  of  office.    In  case  of  vacancy  in  any- 
judicial  office,  it  shall  be  filled,  by  appointment  of  the  Gov- 
ernor, until  the  next  regular  election  that  shall  occur  more 
than  thirty  days  after  such  vacancy  shall  have  happened. 

78.  All  judicial  officers  shall  hold  their  offices  until  thei* 
successors  shall  have  qualified. 

79.  The  Justices  of  the  Supreme  Court  and  the  Judges  of 
the  District  Court  shall,  at  stated  times,  receive  for  their  ser- 
vices such  compensation  as  may  be  provided  by  law,  which 
shall  not  be  increased  during  their  respective  term  of  office ; 
provided,  such  compensation  shall  not  be  less  than   fifteen 
hundred  dollars  to  each  Justice  or  Judge  each  year,  and  such 
Justices  or  Judges  shall  receive  no  fees  or  perquisites,  nor 
hold  any  other  office  of  profit  or  trust  under  the  authority 
of  the  State  or  the  United  States  during  the  term  of  office 
for  which  said  Justices  and  Judges  shall  be  elected,  nor  prac- 
tice law  in  any  of  the  Courts  in  the  State  during  their  con- 
tinuance in  office. 

80.  Provision  may  be  made  by  law  for  the  increase  of  the 
number  of  judicial  districts  whenever  two-thirds  of  the  mem- 


Constitution  of  the  Stale  of  Kansas.  101 

bers  of  each  House  shall  concur,  Such  districts  shall  be 
formed  of  compact  territory,  and  bounded  by  county  lines,  and 
such  increase  shall  not  vacate  the  office  of  any  Judge. 

81.  Justices  of  the  Supreme  Court  and  Judges  of  the  Dis- 
trict Courts  may  be  removed  from  office  by  resolution  of  both 
houses,  if  two-thirds  of  the  members  of  each  House  concur ; 
but  no  such  removal  shall  be  made  except  upon  complaint, 
the  substance  of  which  shall  be  entered  upon  the  journal, 
nor  until  the  party  charged  shall  have  had  notice  and  oppor- 
tunity to  be  heard. 

82.  The  several  Justices  and  Judges  of  the  courts  of  rec- 
ord in  this  State,  shall  have  such  jurisdiction  at  chambers 
as  may  be  provided  by  law. 

83.  The  style  of  all  process  shall  be  "  The  State  of  Kan- 
sas," and  all  prosecutions  shall  be  carried  on  in  the  name  of 
the  State. 

84.  Until    otherwise   provided    by  law,  the  first  district 
phall   consist  of  the  counties  of  Wyandotte,   Leavenworth, 
Jefferson  and  Jackson.     The  second  district  shall  consist  of 
the  counties  of  Atchison,  Doniphan,  Brown,  Neinaha,  Mar- 
shall and  Washington.     The  third  district  shall  consist  of 
the  counties  of  Pottawatomie,  Riley,  Clay,  Dickinson,  Davis, 
Wabaunsee  and  Shawnee.     The  fourth  district  shall  consist 
of  the  counties  of  Douglas,  Johnson,  Lykins,  Franklin,  An- 
derson, Linn,  Bourbon  and  Allen.     The  fifth  district  shall 
consist  of  the  counties  of  Osage,  Coffey,  Woodson,  Green- 
wood,  Madison,   Breckinridge,    Morris,  Chase,    Butler   and 
Hunter. 

85.  New  or  unorganized  counties  shall,  by  law,  be  at- 
tached, for  judicial  purposes,  to  the  most  convenient  judicial 
districts. 

86.  Provision  shall  be  made  by  law  for  the  selection,  by 
the  bar,  of  a  pro  tern.  Judge  of  the  District  Court,  when  the 
Judge  is  absent  or  otherwise  unable  or  disqualified  to  sit  in 
any  case. 


102  Constitution  of  the  State  of  Kansas. 


ARTICLE  IV.-EIections. 

87.  All  elections  by  the  people  shall  be  by  ballot,  and  all 
elections  by  the  Legislature  shall  be  viva  voce. 

88.  General  elections  shall  be  held  annually,  on  the  Tues- 
day succeeding  the  first  Monday  in  November.     Township 
elections  shall  be  held  on  the  first  Tuesday  in  April,  until 
otherwise  provided  by  law. 

ARTICLE  V.-Suflrage. 

89.  Every  white  male  person,  of  twenty-one  years  and 
upwards,  belonging  to  either  of  the  following  classes — who 
shall  have  resided  in  Kansas  six  months  next  preceding  any 
election,  and  in  the  township  or  ward  in  which  he  offers  to 
vote,  at  least  thirty  days  next  preceding  such  election — shall 
be  deemed  a  qualified  elector. 

First — Citizens  of  the  United  States. 

Second — Persons  of  foreign  birth  who  shall  have  declared 
their  intentions  to  become  citizens,  conformably  to  the  laws 
of  the  United  States  on  the  subject  of  naturalization. 

90.  No  person  under  guardianship,  non  compos  mentis,  or 
insane  ;  no  person  convicted  of  felony,  unless  restored  to  civil 
rights  ;  no  person  who  has  been  dishonorably  discharged  from 
the  service  of  the  United  States,  unless  reinstated  ;  no  person 
guilty  of  defrauding  the  Government  of  the  United  States, 
or  any  of  the  States  thereof;  no  person  guilty  of  giving  or 
receiving  a  bribe,  or  offering  to  give  or  receive  a  bribe  ;  and 
no  person  who  has  ever  voluntarily  borne  arms  against  the 
Government  of  the  United  States,  or  in  any  manner  volun- 
tarily aided  or  abetted  in  the  attempted  overthrow  of  said 
Government,  except  all   persons  who  have  been  honorably 
discharged  from  the  military  service  of  the  United  States 
since  the  first  day  of  April,  A.  D.  1861,  provided  that  they 
have  served  one  year  or  more  therein,  shall  be  qualified  to 
Vote  or  hold  office  in  this  State,  until  such  disability  shall  be 


Constitution  of  the  State  of  Kansas.  103 

removed  by  a  law  passed  by  a  vote  of  two-thirds  of  all  the 
members  in  both  branches  of  the  Legislature. 

91.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence 
or  absence  while  employed  in  the  service  of  the  United  States, 
nor  while  engaged  in  the  navigation  of  the  waters  of  this 
State,  or  of  the  United  States,  or  of  the  high  seas,  nor  while 
a  student  of  any  seminary  of  learning,  nor  while  kept  at  any 
almshouse  or  other  asylum  at  public  expense,  nor  while  con- 
fined in  any  public  prison  ;  and  the  Legislature  may  make 
provision  for  taking  the  votes  of  electors  who  may  be  absent 
from  their  townships  or  wards,  in  the  volunteer  military  ser- 
vice of  the  United  States,  or  the  militia  service  of  this  State  ; 
but  nothing  herein  contained  shall  be  deemed  to  allow  any 
soldier,  seaman,  or  marine,  in  the  regular  army  of  the  United 
States,  the  right  to  vote. 

92.  The  Legislature  shall  pass  such  laws  as  may  be  neces- 
sary for  ascertaining,  by  proper  proofs,  the  citizens  who  shall 
be  entitled  to  the  right  of  suffrage  hereby  established. 

93.  Every  person  who  shall  give  or  accept  a  challenge  to 
fight  a  duel,  or  who  shall,  knowingly,  carry  to  another  person 
such  challenge,  or  shall  go  out  of  the  State  to  fight  a  duel, 
shall  be  ineligible  to  any  office  of  trust  or  profit. 

94.  Every  person  who  shall  have  given  or  offered  a  bribe 
to  procure  his  election,  shall  be  disqualified  from  holding 
office  during  the  term  for  which  he  may  have  been  elected. 

95.  Electors,  during  their  attendance  at  elections,  and  in 
going  to  and  returning  therefrom,  shall  be  privileged  from 
arrest  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace. 

ARTICLE  VI.— Education. 

96.  The  State  Superintendent  of  Public  Instruction  shall 
have  the  general  supervision  of  the  common  school  funds  and 
educational  interests  of  the  State,  and  perform  such  other 


104  Constitution  of  the  State  of  Kansas. 

duties  as  may  be  prescribed  by  law.  A  Superintendent  of 
Public  Instruction  sjjall  be  elected  in  each  county,  whose 
term  of  office  shall  be  two  years,  and  whose  duties  and  com- 
pensation shall  be  prescribed  by  law. 

97.  The  Legislature  shall  encourage  the  promotion  of  in- 
tellectual, moral,  scientific,  and  agricultural   improvement, 
by  establishing  a  uniform  system  of  common  schools,  and 
schools  of  a  higher  grade,  embracing  normal,  preparatory, 
collegiate,  and  university  departments. 

98.  The  proceeds  of  all  lands  that  have  been,  or  may  be, 
granted  by  the  United  States  to  the  State,  for  the  support  of 
schools,  and  the  five  hundred  thousand  acres  of  land  granted 
to  the  new  States,  under  an  act  of  Congress  distributing  the 
proceeds  of  public  lands  among  the  several   States  of  the 
Union,  approved  September  4,  A.  D.  1841,  and  all  estates  of 
persons  dying  without  heir  or  will,  and  such  per  cent,  as 
may  be  granted  by  Congress  on  the  sale  of  lands  in  this  State, 
shall  be  the  common  property  of  the  State,  and  shall  be  a 
perpetual  school  fund,  which  shall  not  be  diminished,  but 
the  interest  of  which,  together  with  all  the  rents  of  the  lands, 
and  such  other  means  as  the  Legislature  may  provide,  by  tax 
or  otherwise,  shall  be  inviolably  appropriated  to  the  support 
of  the  common  schools. 

99.  The  income  of  the  State  school  fund  shall  be  disbursed 
annually,  by  order  of  the  State  Superintendent,  to  the  sev- 
eral county  treasurers,  and  thence  to  the  treasurers  of  the 
several  school  districts,  in  equitable  proportion  to  the  number 
of  children  and  youth  resident  therein,  between  the  ages  of 
five  and  twenty-one  years:  provided,  that  no  school  district, 
in  which  a  common  school  has  not  been  maintained  at  least 
three  months  in  each  year,  shall  be  entitled  to  receive  any 
portion  of  such  funds. 

100.  The  school  lands  shall  not  be  sold,  unless  such  sale 
shall  be  authorized  by  a  vote  of  the  people  at  a  general  elec- 
tion;  but,  subject  to  a  re-valuation  every  five  years,  they 


Constitution  of  the  State  of  Kansas.  105 

may  be  leased  for  any  number  of  years,  not  exceeding  twenty- 
five,  at  a  rate  established  by  law. 

101.  All  money  which  shall   be  paid  by  persons  as  an 
equivalent  for  exemption  from  military  duty ;  the  clear  pro- 
ceeds of  estrays,  ownership  of  which  shall  vest  in  the  taker- 
up ;  and  the  proceeds  of  fines  for  any  breach  of  the  penal 
laws,  shall  be  exclusively  applied,  in  the  several  counties  in 
which  the  money  is  paid  or  fines  collected,  to  the  support  of 
common  schools. 

102.  Provision  shall  be  made  by  law  for  the  establishment, 
at  some  eligible  and  central  point,  of  a  State  University,  for 
the  promotion  of  literature,  and  the  arts  and  sciences,  includ- 
ing a  Normal  and  Agricultural  department.    All  funds  aris- 
ing from  the  sale  or  rents  of  lands  granted   by  the  United 
States  to  the  State  for  the  support  of  a  State  University,  and 
all  other  grants,  donations  or  bequests,  either  by  the  State 
or  by  individuals,  for  such  purpose,  shall  remain  a  perpetual 
fund,  to  be  called  the  "  University  Fund,"  the  interest  of  which 
shall  be  appropriated  to  the  support  of  the  State  University. 

103.  No  religious  sect  or  sects  shall  ever  control  any  part 
of  the  Common  School  or  University  Funds  of  the  State. 

104.  The  State  Superintendent  of  Public  Instruction,  Sec- 
retary of  State,  and   Attorney-General    shall    constitute   a 
Board  of  Commissioners  for  the  management  and  investment 
of  the  school  funds.     Any  two  of  said  Commissioners  shall 
be  a  quorum. 

ARTICLE  VII—  Public  Institutions. 

105.  Institutions  for  the  benefit  of  the  Insane,  Blind,  and 
Deaf  and  Dumb,  and  such  other  benevolent  institutions  as 
the  public  good  may  require,  shall  be  fostered  and  supported 
by  the  State,  subject  to  such  regulations  as  may  be  prescribed 
by  law.     Trustees  of  such  benevolent  institutions  as  may  be 
hereafter  created  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate ;  and  upon  all 


106  Constitution  of  the  State  of  Kansas. 

nominations  made  by  the  Governor,  the  question  shall   be 
taken  in  yeas  and  nays,  and  entered  upon  the  journal. 

106.  A  Penitentiary  shall  be  established,  the  directors  of 
which  shall  be  appointed  or  elected,  as  prescribed  by  law. 

107.  The  Governor  shall  fill  any  vacancy  that  may  occur 
in  the  offices  aforesaid,  until  the  next  session  of  the  Legisla- 
ture, and  until  a  successor  to  his  appointee  shall  be  confirmed 
and  qualified. 

108.  The  respective  counties  of  the  State  shall  provide,  as 
may  be  prescribed  by  law,  for  those  inhabitants  who,  by 
reason  of  age,  infirmity,  or  other  misfortune,  may  have  claims 
upon  the  sympathy  and  aid  of  society. 

ARTICLE  Till.— Militia. 

109.  The   militia  shall   be   composed  of  all   able-bodied 
male   citizens   between   the   ages   of  twenty-one   and  forty- 
five  years,  except  such  as  are  exempted  by  the  laws  of  the 
United  States,  or  of  this  State  ;  but  all  citizens,  of  any  relig- 
ious denomination  whatever,  who,  from  scruples  of  conscience, 
may  be  averse  to  bearing  arms,  shall  be  exempted  therefrom, 
upon  such  conditions  as  may  be  prescribed  by  law. 

110.  The  Legislature  shall  provide  for  organizing,  equip- 
ping and  disciplining  the  militia  in  such  manner  as  it  shall 
deem   expedient,    not   incompatible    with   the   laws   of  the 
United  States. 

111.  Officers  of  the  militia  shall  be  elected  or  appointed, 
and  commissioned  in  such  manner  as  may  be  provided  by  law. 

112.  The  Governor  shall  be  Commander-in-Chief,  and  shall 
have  power  to  call  out  the  militia  to  execute  the  laws,  to 
suppress  insurrection,  and  to  repel  invasion. 

ARTICLE  IX.— County  and  Township  Organization. 

113.  The   Legislature   shall   provide  for  organizing  new 
counties,  locating  county -seats,  and  changing  county  lines ; 


Constitution  of  the  State  of  Kansas.  107 

and  no  county-seat  shall  be  changed  without  the  consent  of 
a  majority  of  the  electors  of  the  county ;  nor  any  county  or- 
ganized, nor  the  lines  of  any  county  changed  so  as  to  include 
an  area  of  less  than  four  hundred  and  thirty-two  square  miles. 

114.  The  Legislature  shall  provide  for  such  county  and 
township  officers  as  may  be  necessary. 

115.  All  county  officers   shall  hold  their  offices  for  the 
term  of  two  years,  and  until  their  successors  shall  be  quali- 
fied, except  County  Commissioners,  who  shall  hold  their  offi- 
ces for  the  term  of  three  years ;  provided,  that  at  the  general 
election  in  the  year  eighteen  hundred  and  seventy-seven  the 
Commissioner  elected  from  the  District  Number  One  in  each 
county  shall  hold  his  office  for  the  term  of  one  year,  the  Com- 
missioner elected  from  District  Number  Two  in  each  county 
shall  hold  his  office  for  the  term  of  two  years,  and  the  Com- 
missioner elected  from  District  Number  Three  in  each  county 
shall  hold  his  office  for  the  term  of  three  years;  but  no  per- 
son shall  hold  the  office  of  Sheriff  or  County  Treasurer  for 
more  than  two  consecutive  terms. 

116.  Township'officers,  except  Justices  of  the  Peace,  shall 
hold  their  offices  one  year  from  the  Monday  next  succeeding 
their  election,  and  until  their  successors  are  qualified. 

117.  All  county  and  township  officers  may  be  removed 
from  office,  in  such  manner  and  for  such  cause  as  shall  be 
prescribed  by  law. 

ARTICLE  X.— Apportionment. 

118.  In  the  future  apportionment  of  the  State,  each  organ- 
ized county  shall  have  at  least  one  Representative  ;  and  each 
county  shall  be  divided  into  as  many  districts  as  it  has  Rep- 
resentatives. 

119.  It  shall  be  the  duty  of  the  first  Legislature  to  make 
an  apportionment,  based  upon  the  census  ordered  by  the  last 
Legislative  Assembly  of  the  Territory  ;  and  a  new  apportion- 


108  Constitution  of  the  State  of  Kansas. 

ment  shall  be  made  in  the  year  1866,  and  every  five  years 
thereafter,  based  upon  the  census  of  the  preceding  year. 

120.  Until  there  °hall  be  a  new  apportionment,  the  State 
shall  be  divided  into  election  districts  ;  and  the  Representa- 
tives and  Senators  shall  be  apportioned  among  the  several 
districts  as  follows,  viz.  : 

First  District — Doniphan  county — four  Representatives, 
two  Senators. 

Second  District — Atchison  and  Brown  counties — six  Rep- 
resentatives, two  Senators. 

Third  District — Nemaha,  Marshall,  and  Washington  coun- 
ties— two  Representatives,  one  Senator. 

Fourth  District — Clay,  Riley,  and  Pottawatomie  counties 
— four  Representatives,  one  Senator. 

Fifth  District — Dickinson,  Davis,  and  Wabaunsee  counties 
— three  Representatives,  one  Senator. 

Sixth  District — Shawnee,  Jackson,  and  Jefferson  counties 
— eight  Representatives,  two  Senators. 

Seventh  District — Leavenvvorth  county — nine  Representa- 
tives, three  Senators. 

Eighth  District — Douglas,  Johnson,  and  Wyandotte  coun- 
ties— thirteen  Representatives,  four  Senators. 

Ninth  District — Lykins,  Linn,  and  Bourbon  counties — nine 
Representatives,  three  Senators. 

Tenth  District — Allen,  Anderson,  and  Franklin  counties — 
six  Representatives,  two  Senators. 

Eleventh  District — Woodson  and  Madison  counties — two 
Representatives,  one  Senator. 

Twelfth  District — Coffey,  Osage,  and  Breckinridge  coun- 
ties— six  Representatives,  two  Senators. 

Thirteenth  District — Morris,  Chase,  and  Butler  counties — 
two  Representatives,  one  Senator. 

Fourteenth  District  —  Arrapahoe,  Godfrey,  Greenwood, 
Hunter,  Wilson,  Dorn,  and  McGee  counties — one  Represent- 
ative. 


Constitution  of  the  State  of  Kansas.  109 


ARTICLE  XI.— Finance  and  Taxation. 

121.  The  Legislature  shall  provide  for  a  uniform  and  equal 
rate  of  assessment  and  taxation  ;  but  all  property  used  exclu- 
sively for  State,  county,  municipal,  literary,  educational,  sci- 
entific, religious,  benevolent,  and  charitable  purposes,  and 
personal   property  to  the  amount  of  at  least  two  hundred 
dolhrs  for  each  family,  shall  be  exempted  from  taxation. 

122.  The  Legislature  shall  provide  for  taxing  the  notes 
and  bills  discounted  or  purchased,  moneys  loaned,  and  other 
property,  effects,  or  dues  of  every  description  (without  de- 
duction), of  all  banks  now  existing,  or  hereafter  to  be  created, 
and  of  all  bankers  ;  so  that  all  property  employed  in  banking 
shall  always  bear  a  burden  of  taxation  equal  to  that  imposed 
upon  the  property  of  individuals. 

123.  The  Legislature  shall  provide,  at  each  regular  session, 
for  raising  sufficient  revenue  to  defray  the  current  expenses 
of  the  State  for  two  years. 

124.  No  tax  shall  be  levied  except  in  pursuance  of  a  law, 
which  shall  distinctly  state  the  object  of  the  same,  to  which 
object  only  such  tax  shall  be  applied. 

125.  For  the  purpose  of  defraying  extraordinary  expenses, 
and  making  public  improvements,  the    State  may  contract 
public  debts  ;  but  such  debts  shall  never,  in  the  aggregate, 
exceed  one  million  dollars,  except  as  hereinafter  provided. 
Every  such  debt  shall  be  authorized  by  law  for  some  purpose 
specified  therein,  and  the  vote  of  a  majority  of  all  the  mem- 
bers elected  to  each  House,  to  be  taken  by  the  yeas  and  nays, 
shall  be  necessary  to  the  passage  of  such  law ;  and  every 
such  law  shall  provide  for  levying  an  annual  tax  sufficient 
to  pay  the  annual   interest  of  such  debt,  and  the  principal 
thereof,  when  it  shall  become  due ;  and  shall  specifically  ap- 
propriate the  proceeds  of  such  taxes  to  the  payment  of  such 
principal  and  interest ;  and  such  appropriation  shall  not  be 


110  Constitution  of  the  /Slate  of  Kansas. 

repealed,  nor  the  taxes  postponed  or  diminished,  until  the  in- 
terest and  principal  of  such  debt  shall  have  been  wholly  paid. 
12(>.  No  debt  shall  be  contracted  by  the  State,  except  as 
herein  provided,  unless  the  proposed  law  for  creating  such 
debt  shall  first  be  submitted  to  a  direct  vote  of  the  electors 
of  the  State,  at  some  general  election  ;  and  if  such  proposed 
law  shall  be  ratified  by  a  majority  of  all  the  votes  cast  at 
such  general  election,  then  it  shall  be  the  duty  of  the  Legis- 
lature next  after  such  election  to  enact  such  Jaw  and  create 
such  debt,  subject  to  all  the  provisions  and  restrictions  pro- 
vided in  the  preceding  section  of  this  article. 

127.  The  State  may  borrow  money  to  repel  invasion,  sup- 
press insurrection,  or  defend  the  State  .in  time  of  war;  but 
the  money  thus  raised  shall  be  applied  exclusively  to  the 
object  for  which  the  loan  was  authorized,  or  to  the  repayment 
of  the  debt  thereby  created. 

128.  The  State  shall  never  be  a  party  in  cany  ing  on  any 
works  of  internal  improvement. 

ARTICLE  XII.— Corporations. 

129.  The  Legislature  shall  pass  no  special  act  conferring 
corporate  powers.     Corporations  may  be  created  under  gen- 
eral laws,  but  all  such  laws  may  be  amended  or  repealed. 

130.  Dues  from  corporations  shall  be  secured  by  individual 
liability  of  the  stockholders  to  an  additional  amount  equal 
to  the  stock  owned  by  each  stockholder,  and  such  other  means 
as  shall  be  provided  by  law  ;  but  such  individual  liability 
shall   not  apply  to  railroad  corporations,  nor  corporations  for 
religious  or  charitable  purposes. 

131.  The  title  to  -all  property  of  religious   corporations 
shall  vest  in  trustees,  whose  election  shall  be  by  the  member? 
of  such  corporations. 

132.  No  right  of  way  shall    be  appropriated  to  the  use 
of  any  corporation,  until  full  compensation  therefor  be  first 


Constitution  of  the  Slate  of  Kansas.  Ill 

made  in  money,  or  secured  by  a  deposit  of  money,  to  the 
owner,  irrespective  of  any  benefit  from  any  improvement 
proposed  by  such  corporation. 

133.  Provision  shall  be  made  by  general  law  for  the  organ- 
ization of  cities,  towns,  and  villages ;  and  their  power  of  tax- 
ation, assessment,  borrowing  money,  contracting  debts  and 
loaning  their  credit,  shall  be  so  restricted  as  to  prevent  the 
abuse  of  such  power. 

134.  The  term  corporation,  as  used  in  this  article,  shall 
include  all  the  associations  and  joint-stock  companies  having 
powers  and  privileges  not  possessed  by  individuals  or  part- 
nerships; and  all  corporations  may  sue  and  be  sued  in  their 
corporate  name. 

ARTICLE  XIII.— Banks  and  Currency. 

135.  No  bank  shall  be  established  otherwise  than  under  a 
general  banking  law. 

136.  All  banking  laws  shall  require  as  collateral  security 
for  the  redemption  of  their  circulating  notes  of  any  bank 
organized  under  their  provision,  a  deposit  with  the  Auditor 
of  State  of  the  interest-paying  bonds  of  the  several  States, 
or  of  the  United  States,  at  the  cash  rates  of  the  New  York 
Stock  Exchange,  to  an  amount  equal  to  the  amount  of  circu- 
lating notes  which  such  bank  shall  be  authorized  to  issue, 
and  a  cash  deposit  in  its  vaults  of  ten   per  cent,  of  such 
amount  of  circulating  notes;  and  the  Auditor  shall  register 
and  countersign  no  more  circulating  bills  of  any  bank  than 
the  cash  value  of  such  bonds  when  deposited. 

137.  Whenever  the  bonds  pledged   as  collateral  security 
for  the  circulation  of  any  bank  shall  depreciate  in  value,  the 
Auditor  of  State  shall  require  additional  security,. or  curtail 
the  circulation  of  such  bank,  to  such  extent  as  will  continue 
the  circulation  unimpaired. 

138.  All  circulating  notes  shall  be  redeemable  in  the  money 


112  Constitution  of  the  State  of  Kansas. 

of  the  United  States.  Holders  of  such  notes  shall  be  enti- 
tled, in  case  of  the  insolvency  of  such  banks,  to  preference 
of  payment  over  all  other  creditors. 

139.  The  State  shall  not  be  a  stockholder  in  any  banking 
institution. 

140.  All  banks  shall  be  required  to  keep  offices  and  offi- 
cers, for  the  issue  and  redemption  of  their  circulation,  at  a 
convenient  place  within  the  State,  to  be  named  on  the  circu- 
lating notes  issued  by  such  banks. 

141.  No  banking  institution  shall  issue  circulating  notes- 
of  a  less  denomination  than  one  dollar. 

142.  No  banking  law  shall  be  in  force  until  the  same  shall 
have  been  submitted  to  a  vote  of  the  electors  of  the  State  at 
some  general  election,  and  approved  by  a  majority  of  all  the 
votes  cast  at  such  election. 

143.  Any  banking  law  may  be  amended  or  repealed. 

ARTICLE  XIV.-Aniendments. 

144.  Propositions  for  the  amendment  of  this  Constitution 
may  be  made  by  either  branch  of  the  Legislature  ;  and  if 
two-thirds  of  all  the  members  elected  to  each  House  shall 
concur  therein,  such  proposed   amendments,  together  with 
the  yeas  and  nays,  shall  be  entered  on  the  journal ;  and  the 
Secretary  of  State  shall  cause  the  same  to  be  published  in  at 
least  one  newspaper  in  each   county  of  the  State  where  a 
newspaper  is  published,  for  three  months  preceding  the  next 
election  for  Representatives,  at  which  time  the  Fame  shall  be 
submitted  to  the  electors  for  their  approval  or  rejection  ;  arid 
if  a  majority  of  the  electors  voting  on  said  amendments,  at 
said  election,  shall  adopt  the  amendments,  the  same  shall 
become  a  part  of  the  Constitution.      When  more  than  one 
amendment  shall  be  submitted  at  the  same  time,  they  shall 
be  so  submitted  as  to  enable  the  electors  to  vote  on  each  amend- 


Constitution  of  the  State  of  Kansas.  113 

ment  separately;  and  not  more  than  three  propositions 'to 
amend  shall  be  submitted  at  the  same  election. 

145.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  think  it  necessary  to  call  a 
convention   to  revise,  amend,   or  change  this   Constitution, 
they  shall  recommend  to  the  electors  to  vote  at  the  next  elec- 
tion of  members  to  the  Legislature,  for  or  against  a  conven- 
tion ;  and  if  a  majority  of  all  the  electors  voting  at  suclj 
election  shall  have  voted  for  a  convention,  the  Legislature 
shall,  at  the  next  session,  provide  for  calling  the  same. 

ARTICLE  XV.— Miscellaneous. 

146.  All   officers  whose   election  or  appointment  is  not 
otherwise  provided  for,  shall  be  chosen  or  appointed,  as  may 
be  prescribed  by  law. 

147.  The  tenure  of  any  office  not  herein  provided  for  may 
be  regulated  by  law  ;  when  not  so  declared,  such  office  shall 
be  held  during  the  pleasure  of  the  authority  making  the  ap- 
pointment ;    but  the  Legislature  shall  not  create  any  office 
the  tenure  of  which  shall  be  longer  than  four  years. 

148.  Lotteries  and  the  sale  of  lottery  tickets  are  forever 
prohibited. 

149.  All  public  printing  shall  be  done  by  a  State  printer, 
who  shall  be  elected  by  the  Legislature  in  joint  session,  and 
shall  hold  his  office  for  two  years,  and  until  his  successor 
shall  be  elected  and  qualified.    The  joint  session  of  the  Legis- 
lature for  the  election  of  a  State  printer  shall  be  on  the  third 
Tuesday  of  January,  A.  D.  1869,  and  every  two  years  there- 
after.    All  public  printing  shall  be  done  at  the  capital,  and 
the  prices  for  the  same  shall  be  regulated  by  law. 

150.  An  accurate  and  detailed  statement  of  the  receipts 
and   expenditures  of  the   public   moneys,  and  the   several 
amounts  paid,  to  whom,  and  on  what  account,  shall  be  pub- 
lished, as  prescribed  by  law. 

8 


114  Constitution  of  the  tit  ate  of  Kansas. 

151.  The  Legislature  shall  provide  for  the  protection  of 
the  rights  of  women,  in  acquiring  and  possessing  property, 
real,  personal,  and  mixed,  separate  and  apart  from  the  hus- 
band;  and  shall  also  provide  for  their  equal  rights  in  the 
possession  of  their  children. 

152.  The  Legislature  may  reduce  the  salaries  of  officers 
who  shall  neglect  the  performance  of  .any  legal  duty. 

153.  The  temporary  seat  of  government  is  hereby  located 
at  the  city  of  Topeka,  county  of  Shawnee.     The  first  Legis- 
lature under  this  Constitution  shall  provide  by  law  for  sub- 
mitting the  question  of  the  permanent  location  of  the  capital 
to  a  popular  vote,  and  a  majority  of  all  the  votes  cast  at 
some  general  election  shall  be  necessary  for  such  location. 

154.  A  homestead  to  the  extent  of  one  hundred  and  sixty 
acres  of  farming  land,  or  of  one  acre  within  the  limits  of  an 
incorporated  town  or  city,  occupied  as  a  residence  by  the 
family  of  the  owner,  together  with  all  the  improvements  on 
the  same,  shall  be  exempted  from  forced  sale,  under  any  proc- 
ess of  law,  and  shall  not  be  alienated  without  the  joint  con- 
sent of  husband  and  wife,  when  that  relation  exists ;  but  no 
property  shall  be  exempt  from  sale  for  taxes,  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of  said  prem- 
ises, or  for  the  erection  of  improvements  thereon ;  provided, 
the  provisions  of  the  section  shall  not  apply  to  any  process 
of  law  obtained  by  virtue  of  a  lien  given  by  the  consent  of 
both  husband  and  wife. 

155.  The  manufacture  and  sale  of  intoxicating  liquors  shall 
be  forever  prohibited  in  this  State  except  for  medical,  scien- 
tific, and  mechanical  purposes. 


INDEX* 


Academy  of*  Science,  84. 

Acts,  legislative — when  in  force,  119. 

Agent,  State,  103. 

Agricultural  College,  the,  149. 

—  Society,  State,  81. 
Assembly,  the,  105. 
Assessments  (taxes),  137. 
Assessor,  City,  58,  139. 

—  Township,  139. 
Assessors,  Railroad,  78. 
Associate  Justices,  122. 
Asylum,  Blind,  155. 

Deaf  and  Dumb,  156. 

Feeble-minded,  156. 

Insane,  154. 

Orphan,  160. 

Attorney,  City,  58. 

County,  41. 

Attorney-General,  74. 

Auditing  Board,  Township,  22,  23. 

Auditor,  County,  43. 

Base  Line,  173. 

Benevolent  Institutions,  152-160. 

Bills,  legislative,  115. 

reading  of,  116. 

signed  by,  118. 

—  vote,  necessary  to  pass,  118. 
Blind  Asylum,  155. 

Board  of  Education,  City,  63. 

State,  87. 

Board  of  Equalization,  County,  140. 

• State,  141. 

Board  of  Health,  County,  44. 

—  State,  44  (note),  90. 
Board  of  Pardons,  State,  88. 
Board  of  Pharmacy,  State,  92. 


Board  of  Trustees  of  Charitable  In- 
stitutions, State,  89. 

"Called  Session"  of  Legislature,  112. 
Canons — four — of  Taxation,  133. 
Canvassers,  County,  35. 

State,  67. 

Certificates,  State,  87. 

Challenge,  to  a  vote,  17. 

Charitable  Institutions,  Trustees  ot, 

89. 

Chief  Justice,  122. 
Circuit  Court,  U.  S.,  183. 
Cities,  50-65. 

Classification  of,  51. 

City  Assessor,  58,  139. 

Attorney,  58. 

Board  of  Education,  63. 

Clerk,  58. 

Engineer,  62. 

Government.  55. 

—  Market-Master,  60. 
Mayor,  56. 

—  Officers,  56-62. 

Ordinances,  55. 

Organization,  52. 

Police  Judge,  57. 

Prisons,  163. 

Registration,  53. 

—  Schools,  63. 

—  Street  Commissioner,  62. 
Superintendent,  63. 

—  Taxes,  138. 
Treasurer,  58. 

—  Weigh-Master,  59. 
Clerk,  City,  58. 

County,  36. 


*  The  figures  refer  to  the  paragraphs  in  the  body  of  the  work.    The  "Analysis"  must 
serve  as  an  index  to  the  Constitution. 

115 


116 


Index. 


Clerk,  District  Court,  43  (note),  124. 

—  School  District,  7. 
Supreme  Court,  122. 

—  Township,  20. 

U.  S.  Dist.  Court,  183. 

Clerks,  Legislature,  113. 

Commissioner  of  Fisheries,  98. 

Labor  Statistics,  96. 

Commissioners,  County,  35. 

Commissioners  of  Highways,  Town- 
ship, 22. 

Committee  of  the  Whole,  114. 

Committees,  legislative,  114. 

Compulsory  Law,  educational,  9. 

Conductor,  Normal  Institute,  148 
(note). 

Congressional  Districts,  182. 

Congressmen,  182. 

election  of,  182. 

Qualifications,  182. 

Term,  182. 

Constables,  26. 

Convergence  of  Meridinns,  176. 

Convicts,  efforts  to  reform,  167. 

employment  of,  167. 

punishment  of,  166. 

Coroner,  40. 

Correction  lines,  177. 

Corruption  of  courts,  131. 

Counties,  how  established,  31. 

number  of,  31  (note). 

County,  the,  31-49. 

County  Attorney,  41. 

Auditor,  43. 

—  Board  of  Equalization,  140. 

—  Board  of  Health,  44. 
• Canvassers,  35. 

—  Clerk,  36. 

Commissioners,  35. 

Coroner,  40. 

—  Elections,  34. 

Examiners,  46. 

—  Health  Officer,  44. 
-  High  Schools,  147. 

—  Jails,  164,  165. 

Normal  Institutes,  148  (note). 

Officers,  34-47. 


County,  Organization  of,  32. 

—  Register  of  Deeds,  38. 
Seat,  how  chosen,  33. 

—  Sheriff,  39. 

—  Superintendent   of   Instruction, 

45. 
—  creates  school  districts,  2. 

in  cities,  63.     • 

Surveyor,  42. 

! System,  15. 

—  Tax,  139. 

—  Treasurer,  37. 

j  Court     Common     Pleas     (Sedgwick 
County),  123  (note). 

—  District,  121,  123. 

Justice's,  27,  129. 

Police,  57. 

—  Probate,  125. 

—  Supreme,  122. 

—  U.  S.  Circuit,  184. 

—  U.  S.  District,  183.     . 

Crime,  how  to  lessen  or  prevent,  170. 
Criminals,  defined,  162. 

Danger,  in  cities,  65. 
Deaf  and  Dumb  Asylum,  156. 
Defective  classes,  the,  154. 
Diplomas,  State,  87. 
Director,  School  District,  7. 
District  Attorney,  U.  S.  183. 
District  Courts,  122,  123. 
District  Court,  Clerk,  124. 

—  Judge,  124. 

Stenographer,  124. 

Terms,  123. 

-  U.  S.,  183. 

District  Judge,  U.  S.,  183. 

District  (School)  Tax,  138. 

Districts,     legislative  —  how     deter- 
mined, 108. 

Representative,  108. 

—  Senatorial,  107. 
Doorkeepers,  113. 

Education.  Higher,  144,  151. 

State  Board  of,  87. 

Elections,  how  conducted,  17. 


Index. 


Ill 


Elections,  County,  34. 
State,  67. 

—  Township,  17. 
Electors,  who  are?  4  (note). 

—  Presidential,  180. 
Embezzlement,  State  Funds,  73. 
Emporia,  Normal  School,  148. 
Engineer,  City,  62. 
Equalization,  County  Board,  140. 

—  State  Board,  141. 
Examiners,  County  Board,  46. 
Examining  Board,  State,  73. 
Executive  Council,  76. 

Feeble-Minded.  Asylum  for,  156. 

Felony,  denned,  162. 

Fence -Viewers!,  24. 

Fisheries,  Commissioner  of,  98. 

Free  Schools,  why  established,  1. 

Government  Survey,  171. 
Governor,  69. 
Graded  Schools,  145. 
Grand  Jury,  127. 

Health-Officer,  County,  44. 
Health,  County  Board  of,  44. 

—  State  Board  of,  89. 
Higher  Education,  144-151. 
High  Schools,  146.  147. 
Highways,  22,  25  (note  to  each). 
Historical  Society,  State,  85. 
House  of  Representatives,  105. 

Improvement  Taxes,  137. 

Infamous  Crime,  defined,  162  (note). 

Initial  Point,  172. 

Inquest,  Coroner's,  40. 

Insane  Asylums,  154. 

Insane,  the,  154. 

Inspector,  Mines,  97. 

—  Oils,  61,  100. 

Instructor,    Normal    Institutes,    148 

(note). 
Insurance,  State  Superintendent  of,  94. 

Jails,  County,  164,  165. 


Joint  District,  8. 
Joint  Sessions,  Legislature,  112. 
Judge  District  Court,  124. 
Police  Court,  57. 

—  Probate  Court,  1 25. 
Supreme  Court,  122. 

—  U.  S.  Circuit  Court,  183. 

—  U.  S.  District  Court,  183. 
Judicial  Districts,  number  of,  123. 
Judiciary,  organization,  121. 
Judiciary,  the,  121-131. 

Juries,  127-130. 

Jury,  exemptions  from,  130  (note). 

—  Grand,  127. 

—  Justices'  Court,  27,  129. 

-  Petit.  128. 

—  Trial  by,  127. 
Justices  of  the  Peace,  27. 

Labor  Statistics,  Commissioner  of,  96. 
Land  OflSce,  State,  72. 
Land  Surveys,  171-179. 
Legislation,  objects  of,  120. 
Legislative  Districts,  how  determined, 

108. 
Legislators,  Election,  110. 

pay,  111. 

qualifications  of,  109. 

Legislature,  the,  105-120. 
Acts,  when  in  force,  119. 

—  Bills,  115. 

—  reading  of,  116. 

—  signed  by,  118. 
vote  necessary  to  pass,  IK. 

—  "Called  Session,"  112. 

—  Clerks,  113. 

—  Committee  of  the  Whole,  114. 
Committees,  114. 

Doorkeepers,  113. 

—  Joint  Session,  112. 

—  Limit  of  Session,  111. 

-  Overriding  a  veto,  118. 

-  Pages,  113. 

-  Petitions,  115. 

-  Pocket  Veto,  118. 

-  Postmaster,  113. 

-  Regular  Session,  112. 


118 


Index. 


Legislature,  Secret  Session.  112. 
Sergeant-at-arms,  113. 

—  Sessions,  111. 
Speaker,  113. 

Special  Committees,  114. 

Special  Session,  112. 

' Standing  Committees,  114. 

Veto,  118. 

Librarian,  State,  95. 
Library,  School  District,  10. 
Lieutenant-Governor,  70. 
Live-Stock  Sanitary  Commission,  83. 
"Lock  in  Legislation,"  117. 
Lower  House,  105. 

Manhuttau     (Agricultural)     College, 

149. 

Market-Master,  City,  60. 
Marshal,  City,  57. 

-  U.  S.,  183. 
Mayor,  56. 

Medical  Examiners,  State,  91. 
Meridians,  convergence  of,  176. 
Mileage,  of  legislators,  11. 
Mine  Inspector,  State,  97. 
Misdemeanor,  defined,  27,  162. 
Municipal  Corporations,  16  (note). 

National  affairs,  180-185. 

Naturalization,  185. 

Normal  Institutes,  County,  148  (note). 

Normal  Schools,  148. 

Notaries  Public,  47. 

Oath,  official.  6  (note). 
Occupation-Tax,  136. 
Officers,  City,  56-62. 

—  County,  34-47. 

Number  of  Local,  29  (note). 

School  District,  5-7. 

—  State,  fiS-75. 

—  Township.  18-28. 
Oils,  Inspector  of.  61,  100. 
Ordinances,  defined,  55. 
Orphan  Asylum,  160. 
Overriding  a  veto,  118. 
Overseers  of  the  Poor,  151. 


Pages,  113. 

Pardons,  State  Board  of,  88. 

Patent  (deed),  U.  S.,  179. 

Paupers,  157. 

Penal  Institutions,  161-170. 

Penitentiary,  166. 

—  Officers,  166. 

Punishment  in,  166. 

Personal  Property  defined,  138  (note). 

Petit  Jury,  128. 

Petitions,  115. 

Pharmacy,  State  Board  of,  92. 

Pocket  Veto,  118. 

Police  Judge,  57. 

Political  Parties,  origin  of,  104. 

Pool-book,  17. 

Poll-tax,  135. 

Poor-Farm,  157. 

Posse,  Sheriff's,  defined,  39. 

Postmaster.  Legislature,  113. 

Presidential  Electors,  180. 
I  Principal  of  city  schools,  63. 
|  Principal  Meridian,  172. 
i  Printer,  State,  93. 

Prisons,  City,  163. 

Probate  Court,  125. 

Judge,  125. 

—  Terms,  125. 

;  Probate     Judge,    examines     County 
Treasurer's  accounts,  37. 

', and  the  insane,  154. 

:  Public  Buildings,  inspection  of,  90. 

land  grants  for,  66. 

Public  Otlences,  162. 


Jf 


Railroad  Assessors,  78. 

Commissioners,  77. 

Range  lines,  174. 
Ranges,  in  Kansas,  178. 
i  Ratio  of  Representation,  182. 
Real  Estate,  defined,  138  (note). 
Redemption,  from  tax  sales,  142. 
Reformatory,  State,  169. 
Reform  School,  State,  168. 
Register  of  Deeds,  County,  38. 
Register  of  State  Land  Office,  72. 
Registration  of  voters,  53. 


Index. 


119 


Regular  Sessions,  Legislature,  112. 
Reporter,  Supreme  Court,  122. 
Representation,  in  Legislature,  106. 
Representation  Districts,  48,  108. 
Representatives,  number  of,  48,  105. 

—  pay,  111. 

—  qualifications,  109. 

term  of  office,  110. 

Representatives,  U.  S.,  182. 
Road-Overseer,  25. 

denned,  25  (note). 

—  permanent,  22. 
Road-tax,  134. 

School  Age,  2. 
School  District,  1-12. 

Annual  Meeting,  4. 

Clerk,  7. 

Director,  7. 

District  Board,  6. 

Joint  District,  8. 

Library,  10. 

Name,  3. 

Officers,  5-7. 

Organization,  3. 

Treasurer,  7. 

Union  District,  8. 

School- Fund  Commissioners,  79. 
Schools,  City,  63. 

endowment,  66. 

Secret  Sessions,  Legislature,  112. 

Secretary  of  State,  71. 

Sections,  179. 

Senate,  105. 

Senatorial  Districts,  48,  107. 

Senators,  State,  number,  48,  105. 

—  term,  110. 

Senators,  U.  S.,  election,  181. 

—  qualifications,  181. 

—  term,  181. 
Sergeant-at-Arms,  113. 
Sheriff,  39. 
Sinking-Fund  defined,  88. 

—  Commissioners,  88. 

Sixth  (or  Kansas)   Principal  Merid- 
ian, 172. 
Soldiers'  Orphans'  Home,  159. 


Speaker,  Legislature,  113. 
Special  Committees,  114. 
Special  Sessions,  Legislature,  112. 
Standard  Parallel,  177. 
Standing  Committees,  114. 
State,  the,  66-104. 

Agent,  103. 

Agricultural  Society,  81. 

Auditor,  72. 

Board  of  Agriculture,  81. 

Education,  87. 

Equalization,  141. 

Health,  44  (note),  90. 

Pharmacy,  92. 

Trustees  of  Charitable  In- 
stitutions, 89. 

Canvassers,  67. 

Certificates,  87. 

Diplomas,  87. 

Elections,  67. 

Examining  Board,  73. 

Historical  Society,  86. 

Medical  Examiners,  91. 

Mine  Inspector,  97. 

—  Officers,  68-103. 

Organization,  66. 

Printer,  93. 

Reformatory,  169. 

—  Reform  School,  168. 

—  Superintendent   of    Instruction, 
75. 

Tax,  138. 

Treasurer,  73. 

University,  150. 

Veterinary  Surgeon,  83. 

Stenographer,  District  Court,  124. 
Street  Commissioner.  City.  62. 
Superintendent  of  Instruction,  City, 
63. 

—  County,  45. 

—  Insurance,  State,  94. 

—  State,  96. 
Supreme  Court,  122. 

—  Associate  Justices,  122. 

-  Chief  Justice,  122. 

-  Clerk,  122. 
Reporter,  122. 


120 


Index. 


Supreme  Court,  Terms,  122. 
Survey,  U.S.,  13,  171. 
Surveyor,  County,  42. 

Taxation,  132-143. 

defined,  132. 

four  canons  of,  133. 

property     exempt     from,     138 

(note). 
Tax,  assessments,  137. 

City,  138. 

city  improvement,  137. 

County,  138. 

District,  138. 

occupation,  136. 

poll,  135. 

road,  134. 

rolls,  140. 

sales,  142. 

State,  138. 

—  Township,  138. 
Taxes,  a  charge  on  land,  142. 
defined,  132. 

how  paid,  142. 

legal  ground  for,  132. 

Terms,  Probate  Court,  125. 

—  Supreme  Court,  122. 
Territorial  Legislature,  and  counties, 

81. 

Text-books,  uniformity  in,  11. 
Township,  the,  13-30. 
Assessor,  139. 

—  Auditing  Board,  22,  23. 

—  Clerk,  20. 

Commissioners  of  Highways,  22. 

Constables,  26. 

Elections,  17. 

Fence -Viewers,  24. 

Justices  of  the  Peace,  27. 

• Lines  (surveys),  175. 


Township,  Name,  16. 

Officers,  18,  28. 

Organization,  16. 

Road-Overseer,  25. 

—  Tax,  138. 

Treasurer,  21. 

Trustee,  19. 

Townships  (surveys),  176,  178. 

the  New  England  method,  15. 

Southern  method,  15. 

Western  method,  15. 

Treasurer,  City,  58. 

County,  37. 

School  District,  7. 

State,  73. 

—  Township,  21. 

True  Bill  (Grand  Jury),  127. 
Trustee,  Township,  19. 
Trustees   of   Charitable  Institutions, 
State,  89. 

Uniformity  of  Text-books,  11. 
Union  District,  8,  145. 
University,  the  State,  150. 
Upper  House,  Legislature,  105. 
U.  S.  Circuit  Court,  183. 
U.S.  District  Court,  183. 
U.  S.  Survey,  13,  171-179. 

Vagabonds,  defined,  161. 
Vagrants,  defined,  161. 
Veterinary  Surgeon,  State,  83. 
Veto,  118. 

overriding  a,  118. 

pocket,  118. 

Vote,  necessary  to  pass  a  bill,  116. 
Votes,  how  counted,  17. 

Weigh-Master,  City,  59. 

Women,  can  vote — when  ?  4  (note). 


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